Loading...
HomeMy WebLinkAbout05.D- Community Development 5.D ORDINANCE (ID # 4718) DOC ID: 4718 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Zoning/Land Use From: Mark Persico M/CC Meeting Date: 11/07/2016 Prepared by: Georgeann "Gigi" Hanna, Dept: Community Development Ward(s): All Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non-Residential Zoning Districts. (FINAL READING) (#4609 and #4718) Current Business Registration Certificate: Financial Impact: There will be no fiscal impact as a result of this action. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: None Background: Pursuant to the requirements of Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Community Development Department has prepared a City-initiated Ordinance, under Development Code Amendment 16-06, to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts. On July 20, 2016, the Planning Commission adopted Resolution No. 2016-043 (please see Attachment 2)forwarding a recommendation that the Mayor and Common Council: 1) Adopt the Categorical Exemption; and 2) Approve Development Code Amendment 16-06. Analysis: Current Situation For the past seven years, cities and counties across the United States have dealt with the proliferation of the sparsely regulated industry of "Unattended Collection Boxes" (UCB). As a result of little or no regulations, numerous southern California cities have been plagued by the non-regulated, private property placement of these UCB by Updated: 11/2/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 34 5.D 4718 individuals and organizations that have placed the boxes without city permits and permission from property owners. With the increase in the number of unregulated UCB, cities have observed a huge increase of resident complaints regarding the maintenance of the UCB and the dumping of furniture, clothing, metal, and other junk items at the UCB sites. The City of San Bernardino is not immune from the problem of unregulated UCB. Since 2013, the City's Code Enforcement Officers have observed a significant increase of unregulated UCB operating without City permits. In most of these cases, each UCB is y unregulated, placed without City permits and placed on private property without owner consent. They are rapidly becoming a dumping ground for junk and unwanted items. Compounding the matter is the fact that the City does not currently have regulations for UCB. "Planet Aid" History and Scope of U.S. Problem The largest operator of UCB across the United States has been a company named "Planet Aid." With the expansion of approximately 20,000 UCB that they currently operate across the United States, there has been great controversy and numerous accusations that the organization runs a "kindness into cash" scheme. Lawsuits Against Cities Various cities and watchdog groups have recently scolded the organization that has received donations from these unpermitted UCB. In addition, a USA newspaper article estimated that only 29 percent of donations are used for charity, while the rest of the income is used to fund salaries and marketing efforts. In response to these issues, various cities imposed bans on UCB, including the City of St. Johns, Michigan. In 2013, St. Johns was sued by Planet Aid for its ban on "donation boxes" in federal court. In a surprising victory, Plant Aid won at the Sixth Circuit Court of Appeals that the St. Johns ban on donation boxes was in violation of the 1 st Amendment because the boxes themselves were a form of protected speech. Fueled by the court victory, Planet Aid has sued cities in California regarding bans on donation boxes. Proposed Ordinance Regulating Unattended Donation Boxes Based on the court decisions in the Planet Aid case in Michigan and other cases in California, this ordinance is proposed so as to protect the City's valid interests in preventing public nuisances, preventing private property infringement, and promoting community aesthetics, while complying with the 1St Amendment. Unlike the St. Johns ordinance, the proposed ordinance for the City of San Bernardino is not a complete ban on UCB within the City, but instead, merely regulates the placement, maintenance, and physical characteristics of UCB. Secondly, the proposed ordinance does not distinguish between the various operators of UCB based on whether they are operated by charitable organizations or for-profit businesses, and thus, is viewpoint neutral. The proposed ordinance promotes a substantial government interest because it addresses the particularized secondary effects of UCB, as described in the "Current Situation" section above, by allowing for the safe and effective placement and regulation Updated: 11/2/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 35 5.D 4718 of UCB. The proposed ordinance includes additional language giving the City the ability to take effective enforcement actions against nuisance UCB. The proposed ordinance provides a quick recourse and response to UCB that are deemed a nuisance within the City of San Bernardino. Basic standards such as maintenance pick up, placement of structures permit requirements, related fees and information is included in the proposed ordinance. More specifically, "Unattended Collection Boxes" are required to have specific information about the owner, and property operator of the UCB posted in clear view. The development standards by the proposed UCB ordinance are, as follows: • UCB shall not be more than 82 inches high, 60 inches wide, and 50 inches deep. • UCB shall contain an opening with a tamper-restraint locking mechanism. • UCB shall be secured in such a manner that the contents may not be accessed by anyone other than those responsible for the retrieval of the boxes contents. Items left next to or outside of the UCB shall be considered a nuisance. Such nuisance may be the abated by the City at the expense of the permittee/operator. • Permittee/operator shall address all UCB maintenance issues within twenty- four (24) hours of notice from the City, including but not limited to graffiti, vandalism, and structurally - damaged boxes. Permittee/operator shall inspect the UCB a minimum of once per week to empty the contents of the UCB and address any existing maintenance issues. • Permittee/operator shall be responsible for disposing undesirable material or unwanted items in accordance with Municipal and State laws. • UCB shall not be permitted on any unimproved parcel or where the principal use of land has been closed or unoccupied for more than 30 consecutive days. • The location of the UCB shall not disrupt or impact any line-of-sight for pedestrians, bicyclists, or operators of motor vehicles. • It shall be unlawful to locate any UCB less than 1,000 feet from the property line where another UCB is permitted. • Only one UCB shall be allowed per each City-approved parcel. • UCB shall provide a minimum 100-foot setback from parcel line with properties that are residentially zoned or have existing residential uses. The permitting regulations by the proposed UCB ordinance are, as follows: • It shall be unlawful and hereby declared a public nuisance for any person to place, operate, maintain or allow UCB on real property unless the property owner first obtains a permit. • All applications shall be filed with the Community Development Department. • Within 60 days of receiving a completed application, the Community Development Department shall either issue a permit or deny the issuance of a permit. • UCB that existed prior to the enactment of the ordinance shall be subject to the same regulations herein. • The Community Development Department shall not issue a permit unless the Updated: 11/2/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 36 5.D 4718 applicant has submitted a complete and accurate application accompanied by the applicable fee. The term of the permit and renewal of permits by the proposed UCB ordinance are, as follows: • The permit year shall begin on January 1 each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the following calendar year. • The permit shall be renewed annually. The application for renewal must be filed no later than 30 days before permit expires. • Permittee may apply for permit renewal by submitting a renewal application and a non-refundable annual renewal fee to the Community Development Department before the expiration of a current permit. The annual renewal fee shall be in the amount set by resolution of the Mayor and Common Council. • The Community Development Department shall either approve or deny the renewal of a permit within 60 days of receipt of the complete renewal application and payment of the renewal fee. • Prior to expiration of the permit, a permittee/operator may voluntarily cancel the permit by notifying the Community Development Department in writing of his or her intent to cancel the permit. The permit shall become void upon the Community Development Department's receipt of a written notice of intent to cancel the permit. • If a permit expires and is not timely renewed, the UCB must be removed from the property within 10 days of the expiration of the permit. The revocation of permit, removal of UCB and restitution of fees by the proposed UCB ordinance are, as follows: • The Director shall have the right to revoke any permit issued here under for cause. Failure to comply with the provisions of the ordinance or any other law shall constitute grounds for revocation of the permit. When the Director revokes a permit, the Director shall provide a written notification to the permittee/operator stating the specific grounds for revocation. • Upon revocation, the UCB shall be removed from the permittee's/operator's real property within 30 days. • Upon failure of a permittee/operator to remove the UCB within 30 days of permit revocation, the City may remove, store, and/or dispose of the UCB and its contents at the expense of the permittee/operator. • Upon revocation of a permit, a permittee/operator shall be prohibited from applying for a permit for a period of one calendar year. California Environmental Quality Act: In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation and concluded that Development Code Amendment 16-06 is found to be exempt under Updated: 11/2/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 37 5.D 4718 §15061(b)(3) (Review for Exemption) of CEQA. Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed Development Code Amendment to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non- residential zoning districts is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. The Planning Division staff has analyzed proposed Development Code Amendment 16- 06 has determined that it is Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA Guidelines due to the fact that the proposed Ordinance will not create significant effects on the environment. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment 16-06 was published on July 8, 2016 for the CEQA-mandated ten (10) day public review and comment period. In accordance with §15061 of CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning Commission considered the Categorical Exemption for the recommendation to the Mayor and Common Council for the adoption of the Categorical Exemption and approval of Development Code Amendment 16-06. Conclusion: On July 20, 2016, the Planning Commission determined that the proposed Ordinance is consistent with the City of San Bernardino General Plan and Development Code, and that the amendment satisfies all Findings of Fact required for approval of Development Code Amendment 16-06. City Attorney Review: This staff report and supporting documentation has been reviewed by the Deputy City Attorney, and accepted as to form. Supporting Documents: Attachment 1: Ordinance Attachment 2: Planning Commission Resolution No. 2016-043 Attachment 3: Planning Commission Minutes, dated July 20, 2016 Attachment 4: Legal Ad City Attorney Review: Supporting Documents: Attachment 1 - Ordinance (DOC) Attachment 2 - Planning Commission Resolution 2016-043 (PDF) Attachment 3 - Planning Commission Minutes, dated July 20, 2016 (PDF) Attachment 4 - Legal Ad (PDF) Updated: 11/2/2016 by Georgeann "Gigi" Hanna A Packet Pg. 38 5.D.a ORDINANCE NO. 1 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 3 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) AND SECTION 4 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC 5 CONTAINERS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT 6 STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS. o 8 00 N 9 WHEREAS, the current City of San Bernardino Development Code was initially c implemented in 1991; and ° 10 WHEREAS, numerous "Unattended Collection Boxes" have been placed on 11 properties throughout the City of San Bernardino without permits; and 12 WHEREAS, the City of San Bernardino Development Code does not address D 13 regulations for"Unattended Collection Boxes;" and IM 14 WHEREAS, "Unattended Collection Box" means any unattended container, 15 receptacle, or similar device that is located at or on the exterior property areas of any premises 16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable L 17 personal property, excluding recyclable materials such as glass, paper, plastics, or aluminum; o and 18 WHEREAS, the City has received numerous complaints reporting "Unattended s 19 Collection Boxes" placed on private property without the knowledge or consent of the a 20 property owner; and a� 21 WHEREAS, City staff has encountered difficulty ascertaining information about the E 22 identity and business structure of the operators of the existing"Unattended Collection Boxes;" 23 and 24 WHEREAS, "Unattended Collection Boxes" often become nuisances and safety 25 hazards by attracting graffiti, trash, toxic materials, and rodents when they are not properly maintained and routinely emptied; and 26 WHEREAS, the implementation of a permitting system that regulates "Unattended 27 Collection Boxes"will address the aforementioned blight and safety hazard concerns; and 28 1 Packet Pg. 39 5.D.a 1 WHEREAS, the Mayor and Common Council shall establish a nonrefundable permit application fee; and 2 WHEREAS, the proposed Ordinance regulates the "Unattended Collection Boxes;" 3 and 4 WHEREAS, on July 20, 2016, the Planning Commission of the City of San 5 Bernardino held a noticed public hearing to consider public testimony and the staff report, and 6 adopted Resolution No. 2016-043 recommending adoption of the Categorical Exemption and 7 the approval of Development Code Amendment 16-06 to the Mayor and Common Council; O 8 and m N 9 WHEREAS, notice of the public hearing for the Mayor and Common Council's o consideration of the proposed Ordinance was published in The Sun newspaper on September d 10 9,2016. v d 11 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 13 00 14 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 15 are true and hereby adopt and incorporate them herein. a 16 SECTION 2. Findings of Fact—Development Code Amendment 16-06. 0 17 18 Finding No. 1: The proposed amendment is consistent with the General Plan. 19 Finding of Fact: For the past (7) seven years various cities and counties across the r 20 a United States have dealt with the proliferation of the sparsely regulated 21 E industry of"Unattended Collection Boxes" (UCB). As a result of little 22 a 23 or no regulations, numerous Southern California cities have been 24 plagued by the non-regulated,private property placement of these UCB 25 by individuals and organizations that have placed the boxes without city 26 permits and owner permission from property owners. With the 27 advancement of the unregulated UCB, various cities across the United 28 2 Id I Packet Pg. 40 5.D.a 1 States have observed a huge increase of resident complaints regarding 2 the maintenance of the UCB.and the dumping of furniture, clothing, 3 metal, and other junk items at the sites. The City of San Bernardino is 4 not immune from the problem of unregulated UCB. Since 2013, the 5 City's Code Enforcement Officers have observed a marked increase in 6 regard to unregulated UCB operating without City permits and N 7 x 8 restraint. In most of these cases, each UCB area is unregulated, placed m° U) C 9 without City permits and placed on private property without owner d 10 consent. They are rapidly becoming a dumping ground for junk and c°a 11 unwanted items. As of March 2016, it has been estimated that over 54 12 unpermitted and unregulated UCB have been illegally placed and are 13 co I 14 operating throughout the City of San Bernardino. The new ordinance by 15 this proposed amendment provides a quick recourse and response to c c 16 UCB that are deemed a nuisance within the City of San Bernardino. 0 17 Basic standards such as maintenance pick up, placement of structures r 18 permit requirements, related fees and information is included in the E 19 +.. 20 proposed ordinance. More specifically, UCB are required to have a w c 21 specific information about the owner, and property operator of the UCB E 22 posted in clear view. Therefore, the proposed ordinance is consistent Q 23 with the City's General Plan. 24 Finding No. 2: The proposed amendment would not be detrimental to the public 25 interest,health, safety, convenience, or welfare of the City. 26 27 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 28 health, safety, convenience, or welfare of the City in that the 3 Packet Pg. 41 5.D.a 1 implementation of UCB regulations through the proposed ordinance 2 will advance the public interest, health, safety, convenience, and 3 welfare of the City by enacting constitutional regulations on UCB 4 within the City. This new ordinance will permit the safe and effective 5 method for placement and regulating these UCB. 6 7 SECTION 3. Compliance with the California Environmental Quality X 8 The Mayor and Common Council has independently reviewed, analyzed and exercised m° N C 9 judgment in finding that Development Code Amendment 16-06 is exempt under §15061(b)(3) d 10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be v 11 seen with certainty that there is no possibility that the activity will have a significant effect on 12 the environment. _ 13 00 14 SECTION 4. — Section 19.06.030(2)(Q) (Specific Standards for Commercial Zones — 15 Recycling Facilities for Reusable Domestic Containers) shall be amended, as follows: Q. Recycling Facilities for Reusable Domestic Containers and Unattended 16 1 Collection Boxes. 18 SECTION 5.—Section 19.06.030(2)(Q)(1) (Specific Standards for Commercial Zones 19 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following r 20 addition: d w i. Unattended Collection Boxes. The purpose of this section is to enact and 21 enforce standards for "Unattended Collection Boxes" located within the City 22 limits. Nothing in this chapter shall preempt or make inapplicable any 23 provision in state or federal law. 24 1. "Director" means the Director of the City of San Bernardino 25 Community Development Department or his/her designee. 26 2. "Operator" means any person or entity who maintains "Unattended 27 Collection Boxes" to solicit salvageable personal property as defined 28 herein. 4 Packet Pg. 42 5.D.a 1 3. "Permittee" means a property owner who is issued a permit authorizing 2 the placement of an Unattended Collection Box on his/her property. 4. "Property Owner" means the person who owns the real property where 3 the "Unattended Collection Box" is located or is proposed to be 4 located. 5 5. "Residential District" means zones designated as RE, RL, RS, RU, RM, 6 MH or RH by the City of San Bernardino Planning Department. 7 6. "Commercial District" means zones designated CO, CG-1, CG-2, CG- x 8 3, CR, CR-2, CR-3, CR-4, or CH by the City of San Bernardino M 9 Planning Department. o 7. "Unattended Collection Box" means any unattended container, 2 10 6 receptacle,product lockers or similar device that is located on any lot or 11 property within the City for the purpose of soliciting and collecting d 12 clothing or other salvageable personal property. This term does not 13 refer to recycle bins for the collection of recyclable material governed 14 or regulated by the zoning code, or any unattended collection box 15 located within a building. c 16 SECTION 6.—Section 19.06.030(2)(Q)(2) (Specific Standards for Commercial Zones S L — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following 17 ' addition: c 18 e. Unattended Collection Box Standards. 19 1. Physical Standards. a 20 i. Unattended Collection Boxes shall not be more than eighty- two 21 (82) inches high, sixty (60) inches wide, and fifty (50) inches 22 deep. a 23 ii. Unattended Collection Boxes shall be fabricated from durable 24 metal and waterproof materials. 25 iii. Unattended Collection Boxes shall not be electrically or 26 hydraulically powered or mechanized. 27 28 5 Packet Pg.43 5.D.a 1 iv. Unattended Collection Boxes shall not become a fixture of the site and shall not be considered an improvement to real 2 property. 3 V. Unattended Collection Boxes shall require one dedicated 4 parking spot for item drop-off and content retrieval. 5 vi. Unattended Collection Boxes shall contain an opening with a 6 tamper-restraint locking mechanism. Unattended Collection 7 Boxes shall be secured in such a manner that the contents may X 8 not be accessed by anyone other than those responsible for the m° N 9 retrieval of the boxes contents. o U vii. Each Unattended Collection Box shall be maintained in good 2 10 ° condition and appearance, and free of structural damage, holes, 11 rust, graffiti, and chipping/peeling paint. 12 viii. Unattended Collection Boxes shall not overflow at any time. 13 ix. Items left next to or outside of the Unattended Collection Box T 14 shall be considered a nuisance. Such nuisance may be the abated 15 by the City at the Permittee's expense pursuant to San c �a 16 Bernardino Municipal Code 8.30. S L X. Permittee or Operator shall address all Unattended Collection 17 T Box maintenance issues within twenty- four (24) hours of notice 18 from the City, including but not limited to graffiti, vandalism, E 19 and structurally - damaged boxes. Q 20 xi. The Permittee or Operator shall inspect the Unattended a� 21 Collection Box a minimum of once per week to empty the U 22 contents of the Unattended Collection Box and address any Q 23 existing maintenance issues. 24 xii. Operator and Permittee shall be responsible for disposing 25 undesirable material or unwanted items in accordance with 26 Municipal and State laws. 27 28 6 FPacket Pg.44 SAa 1 xiii. The name, address, telephone number, email address and web 2 address of the Operator shall be displayed on the front of each Unattended Collection Box in two-inch type face letters. 3 xiv. Each Unattended Collection Box shall display its weekly pick 4 up schedule. Pickup must be at least once a week as stated in 5 this chapter. 6 xv. No other signage or advertisements shall be allowed on box. 7 xvi. Each Unattended Collection Box shall display: (1) the x 8 Permittee's City of San Bernardino Business Permit number, (2) m° 9 a weatherproof copy of the permit granted under this Chapter, o and (3) a telephone number provided by the City of San 10 ° Bernardino. v 11 2. Locational Standards. 12 i. Unattended Collection Boxes shall not be located in, encroach 13 onto, or obstruct any of the following: 14 a) Access to any parking 15 b) Pedestrian pathways or alternate pathways provided in c 16 accordance with the Americans with Disabilities Act L C) Emergency access or fire lanes 0 17 ' T d) Marked drive aisles or on-site vehicular and pedestrian 18 traffic circulation s 19 e) Landscaped areas a 20 f) Trash enclosures or access to trash enclosures (D 21 g) Setback areas required by law, including, but not 22 limited to, front setback areas and street setbacks a 23 h) Building exits 24 ii. Unattended Collection Boxes shall not be permitted on any 25 unimproved parcel or where the principal use of land has been 26 closed or unoccupied for more than thirty (30) consecutive days. iii. Unattended Collection Boxes shall be placed on a surface that is 27 paved, level, and free of dust. 28 7 Packet Pg.45 5.D.a 1 iv. The location of the Unattended Collection Box shall not disrupt 2 or impact any line-of-sight for pedestrians, bicyclists, or operators of motor vehicles. 3 V. It shall be unlawful to locate any Unattended Collection Box 4 less than 1,000 feet from the property line where another 5 Unattended Collection Box is permitted. 6 vi. Only one (1) Unattended Collection Box shall be allowed per 7 each City-approved parcel. x 8 vii. Unattended Collection Boxes shall provide a minimum 100 foot m° N 9 setback from parcel line with properties that are residentially o zoned or have existing residential uses. 10 0 3. Permits. v a 11 i. It shall be unlawful and hereby declared a public nuisance for r_ 12 any person to place, operate, maintain or allow Unattended 13 D Collection Boxes on real property unless the property owner 14 first obtains a permit pursuant to this chapter. 15 ii. The permit application shall be made on a form provided by the c 16 Director or his/her designee and shall include all of the L 17 following information: 0 IL a) The name, physical address, email address, and 18 telephone number of both the property owner and = 19 operator. Operator shall also provide its organization's Q 20 website address where applicable. c 21 b) The text of the disclosures that will be made on the 22 Unattended Collection Box as required by this Chapter. Q 23 c) The physical address of the property where the proposed 24 Unattended Collection Box will be located, a drawing 25 indicating the size of the Unattended Collection Box, 26 and the proposed location of the Unattended Collection Box on said property. 27 28 8 Packet Pg. 46 5.D.a 1 iii. Each application shall be accompanied by a nonrefundable fee in the amount to be established by resolution of the Mayor and 2 Common Council. This fee shall be in addition to any fee or tax 3 imposed by the City pursuant to any other provision of this 4 Code. 5 iv. All applications shall be filed with the Community 6 Development Department. 7 V. Within sixty (60) days of receiving a completed application, the 8 Community Development Department shall either issue a permit m° 9 or deny the issuance of a permit. o vi. Unattended Collection Boxes that existed prior to the enactment d 10 ° of this chapter shall be subject to the same regulations herein. 11 vii. The Community Development Department shall not issue a 12 permit unless the applicant has submitted a complete and 13 accurate application accompanied by the applicable fee. co T 14 viii. When the Director denies an application, the Director shall 15 provide a written statement to the Property Owner indicating the c 16 reasons for denial. �a L 4. Term of Permit, Renewal of Permits. 17 r i. The permit year shall begin on January 1 each year and shall 18 terminate on December 31 of the same calendar year. An annual E 19 " permit issued between December 1 and December 31 of any Q 20 year shall expire on December 31 of the following calendar 21 year. U 22 ii. The permit shall be renewed annually. The application for Q 23 renewal must be filed no later than thirty (30) days before 24 permit expires. 25 iii. Permittee may apply for permit renewal by submitting a renewal 26 application and a non-refundable annual renewal fee to the Director before the expiration of a current permit. The annual 27 28 9 Packet Pg.47 5.D.a 1 renewal fee shall be in the amount set by resolution of the 2 Mayor and Common Council. iv. The Director shall either approve or deny the renewal of a 3 permit within sixty(60) days of receipt of the complete renewal 4 application and payment of the renewal fee. 5 V. Prior to expiration of the permit, a Permittee may voluntarily 6 cancel the permit by notifying the Director in writing of his or 7 her intent to cancel the permit. The permit shall become void X 8 upon the Director's receipt of a written notice of intent to cancel m° 9 the Permit. c vi. If a permit expires and is not timely renewed, the Unattended d 10 ° Collection Box must be removed from the property within ten 11 (10) days of the expiration of the permit. 12 5. Revocation of Permit, Removal of Unpermitted Collection Boxes, 13 Restitution of Fees. CO 14 i. The Director shall have the right to revoke any permit issued 15 here under for cause. Failure to comply with the provisions of c �a 16 this chapter or any other law shall constitute grounds for S L 17 revocation of the permit. When the Director revokes a permit, the Director shall provide a written notification to the Permittee 18 stating the specific grounds for revocation. 19 ii. Upon revocation, the Unattended Collection Box shall be a 20 removed from the Permittee's real property within thirty (30) 21 days. 22 iii. Upon failure of a Permittee to remove the Unattended Q 23 Collection Box within thirty (30) days of permit revocation, the 24 City may remove, store, and/or dispose of the Unattended 25 Collection Box and its contents at the expense of the Permittee. 26 iv. Upon revocation of a permit, a Permittee shall be prohibited from applying for a permit for a period of one calendar year. 27 6. Permits Nontransferable. 28 10 Packet Pg. 48 5.D.a 1 i. Permits under this chapter are nontransferable. A Permittee shall 2 not transfer, assign or convey such permit to another person. Any purported transfer, assignment, or conveyance of a permit 3 issued under this chapter shall be considered null and void. 4 7. Appeals. 5 i. When the Director denies a permit application or revokes an 6 existing permit, the property owner may appeal the Director's 7 determination to the Planning Commission within ten (10) days 8 of the Director's decision. Appeals of the Director's m° N 9 determination must be made in writing with the Office of the r- . 10 City Clerk. 2 0 8. Liability. 11 i. An Operator shall maintain a general liability insurance policy d 12 of a minimum of one million dollars ($1,000,000.00) for the 13 duration of the operation of an Unattended Collection Box at 14 each site, to cover any claims or losses due to the placement, 15 operation, or maintenance of the Unattended Collection Box. c 16 Operator's failure to maintain the required insurance coverage L 17 shall be grounds for revocation of the permit. 9. Violation and Penalty. _ 18 i. Any person who violates, causes, or allows another person to E 19 violate any provision of this ordinance is guilty of either an a 20 infraction or misdemeanor. Any person convicted of an CD 21 infraction or misdemeanor under the provision of this ordinance 22 shall be punished by a fine, imprisonment, or both, according to Q 23 Chapter 1.12 of the City of San Bernardino Municipal Code. 24 ii. In addition to any other penalties provided in this section, up to 25 $1,000.00 in Administrative Civil Penalties may be imposed for 26 each and every day during any portion of which any violation of any provision of these regulations is committed, continued, 27 permitted, or caused by such violator. 28 11 Packet Pg. 49 5Aa 1 iii. Nothing in this Chapter shall preclude the City from pursuing 2 the remedies made applicable hereto elsewhere in this Municipal Code or under State law, including but not limited to, 3 as applicable, revocation of permits and injunctive relief. 4 iv. Pursuant to Government Code section 38773, all unpaid 5 expenses incurred by the City in connection with an action to 6 abate a public nuisance shall be a lien against the property on 7 which it is maintained and a personal obligation against the X 0 8 property owner. m N 9 10. Severability. o U i. The provisions of this Chapter are severable, and, if any 10 0 sentence, section or other part of this Chapter should be found 'a 11 to be invalid, such invalidity shall not affect the remaining d 12 provisions, and the remaining provisions shall continue in full 13 force and effect. 00 T 14 SECTION 7. - Notice of Exemption: The Planning Division of the Community 15 Development Department is hereby directed to file a Notice of Exemption with the County c 16 Clerk of the County of San Bernardino certifying the City's compliance with California S L Environmental Quality Act in adopting the Categorical Exemption. 0 17 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or 18 clause or phrase in this Ordinance or any part thereof is for any reason held to be s 19 " unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision a 20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any a� 21 part thereof. The Mayor and Common Council hereby declares that it would have adopted E �a 22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, Q 23 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 24 HI 25 HI 26 HI 27 28 12 Packet Pg. 50 5.D.a 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 2 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL 3 ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) 4 OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN 5 APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS. 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor x and Common Council of the City of San Bernardino at a regular meeting thereof, held on the m° 8 day of ,2016,by the following vote to wit: c 9 10 Council Members: AYES NAYS ABSTAIN ABSENT v 11 MARQUEZ 12 BARRIOS VALDIVIA 13 _ SHORETT ao 14 NICKEL ti 15 RICHARD MULVIHILL c 16 0 17 T d.. 18 Georgeann Hanna, City Clerk 19 The foregoing Ordinance is hereby adopted this day of , 2016. a 20 c d 21 E 22 R. CAREY DAVIS,Mayor Q 23 Approved as to form: City of San Bernardino 24 Gary D. Saenz, City Attorney 25 26 By: 27 28 13 Packet Pg. 51 RESOLUTION NO. 2016-043-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR AND COMMON COUNCIL THE ADOPTION OF A CATEGORICAL EXEMPTION AND APPROVAL OF DEVELOPMENT CODE AMENDMENT 16-06 TO AMEND CHAPTER 19.06 (COMMERCIAL N ZONES) AND SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS) o (SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING m FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) OF THE o DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN U BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT 2 STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED v COLLECTION BOXES OR SIMILAR STRUCTURES IN NON- v RESIDENTIAL ZONING DISTRICTS. �a WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San M Bernardino Development Code, the Community Development Department has prepared a City- 00 .r. initiated ordinance to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts; and M O WHEREAS, Development Code Amendment 16-06 has been prepared to amend Chapter 19.06 (Commercial Zones) and §19.06.030(2)(Q) (Development Standards)(Specific Standards N for Commercial Zones)(Recycling Facilities for Reusable Domestic Containers) of the City of o San Bernardino Development Code; and 0 WHEREAS, the Planning Division of the Community Development Department has prepared Development Code Amendment 16-06 in consistency with the City of San Bernardino C General Plan and compliance with the City of San Bernardino Development Code; and y E WHEREAS, pursuant to requirements of §15060(c) of the California Environmental o Quality Act, the Planning Division of the Community Development Department evaluated 0 Development Code Amendment 16-06; and c �a WHEREAS, on July 8, 2016, pursuant to the requirements of§19.52.020 of the City of c. San Bernardino Development Code, the City gave public notice by advertising in the San N Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the holding of a public hearing at which the Environmental Determination and Development Code E Amendment 16-06 would be considered; and a WHEREAS, on July 20, 2016, pursuant to the requirements of§19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Code Amendment 16-06, and at which meeting the Planning Commission considered the Environmental Determination and a Development Code Amendment 16-06; and 1 Packet Pg. 52 5.D.b WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San Bernardino Development Code, the Planning Commission has the authority to take action on the Environmental Determination and Development Code Amendment 16-06. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: N SECTION 1. ENVIRONMENTAL DETERMINATION: o m In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act o (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 16-06 and concluded that Development Code Amendment 16-06 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA. U Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed Development Code Amendment to establish development standards and an approval process for C Unattended Collection Boxes or similar structures within non-residential zoning districts is 2 exempt from CEQA when it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. The Planning Division staff has analyzed proposed Development Code Amendment 16-06 and has determined that it is Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA Guidelines due to the fact that the proposed ordinance will not create significant effects on the environment. c Accordingly,pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment 16-06 was published on July 8, 2016 for the CEQA- N mandated ten (10) day public review and comment period. In accordance with §15061 of o CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning Commission considered the Categorical Exemption for the recommendation to the Mayor and Common N Council for the adoption of the Categorical Exemption and approval of Development Code Amendment 16-06. o .y N SECTION 2. RECOMMENDATIONS FOR DEVELOPMENT CODE E AMENDMENT 16-06: o U Pursuant to §19.42.030 of the City of San Bernardino Development Code, the Planning S C Commission forwards the Ordinance to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts a (EXHIBIT"A")for approval by the Mayor and Common Council: N C a> SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-02: E Section 19.42.050 of the City of San Bernardino Development Code requires that Development d Code Amendment applications meet certain findings prior to the approval by the Mayor and Common Council. Accordingly, the following findings are provided in support of the E recommendation by the Planning Commission for the approval of Development Code Amendment 16-06: a Finding No. 1: The proposed amendment is consistent with the General Plan. C 2 Packet Pg. 53 5.D.b Finding of Fact: For the past seven (7) years various cities and counties across the United States have dealt with the proliferation of the sparsely regulated industry of "Unattended Collection Boxes" (UCB). As a result of little or no regulations, numerous southern California cities have been plagued by the non-regulated, private property placement of these UCB by individuals and organizations that have placed the UCB without city permits and owner permission from property owners. With the advancement of the U) unregulated UCB, various cities across the United States have observed a o huge increase of resident complaints regarding the maintenance of the m UCB and the dumping of furniture, clothing, metal, and other junk items o at the sites. The City of San Bernardino is not immune from the problem U of unregulated UCB. Since 2013, the City's Code Enforcement Officers (D have observed a marked increase in regard to unregulated UCB operating ci without City permits and restraint. In most of these cases, each UCB area is unregulated, placed without City permits and placed on private property without owner consent. They are rapidly becoming a dumping ground for junk and unwanted items. As of March 2016, it has been estimated that over 54 unpermitted and unregulated UCB have been illegally placed and 00; are operating throughout the City of San Bernardino. The new ordinance v by this proposed amendment provides a quick recourse and response to UCB that are deemed a nuisance within the City of San Bernardino. Basic c standards such as maintenance pick up, placement of structures permit r requirements, related fees and information is included in the proposed N ordinance. More specifically, UCB are required to have specific o information about the owner, and property operator of the UCB posted in U clear view. Therefore,the proposed ordinance is consistent with the City's 0 CA General Plan. C 0 Finding No. 2: The proposed amendment would not be detrimental to the public interest, N health, safety, convenience, or welfare of the City. E 0 Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the implementation of UCB regulations through the proposed ordinance will advance the public interest, health, safety, convenience, and welfare of the a City by enacting constitutional regulations on UCB within the City. This N new ordinance will permit the safe and effective method for placement and regulating these UCB. E U a. r+ Q r C d E t V M a 3 Packet Pg. 54 5.D.b SECTION 4. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2016-043 forwarding a recommendation that the Mayor and Common Council: N a. Adopt of the Categorical Exemption for Development Code Amendment 16-06, in o accordance with §15061(b)(3) of the California Environmental Quality Act, and m direct the Community Development Director to prepare and file with the Clerk of the o County of San Bernardino a Notice of Exemption as provided under Public Resources Code §21152(b) and CEQA Guidelines §15062; and 0 U y^? b. Approve Development Code Amendment 16-06 based on the Findings of Fact. PASSED,APPROVED AND ADOPTED this 201h day of July 2016. c D �o �r M d' O W r O N Larry Heasley, Chairman o San Bernardino Planning Commission ,yr o ATTEST: c 0 2 E E 0 U c Mark Persico,Planning Commission Secretary City of San Bernardino, California a N Y E V Y Y Q Y E V M Y Y Q 4 Packet Pg. 55 5.D.b CERTIFICATION: I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-043, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 20th day of July 2016,by the following vote,to wit: N AYES: o m NOES: o ABSENT: 0 U ABSTAIN: a v c D Stephanie Sanchez, Recording Secretary City of San Bernardino, California M d' O O r O N _ O O N O _ O .N N_ E E O U _ _ a N _ d E U t6 t. Q r+ _ E U tQ r.+ r a 5 Packet Pg. 56 I5.D.b ayi x O m 0 d 0 EXHIBIT "A" " Draft "UCB" Ordinance r 1C {, _ Co "'I r 1� d' M d' O r N C O O N C O to E E O U c C c ca CL N C d E L 'v V t6 Q r C 0 E V tQ a+ a 6 Packet Pg. 57 89 'Bd 18310ed 5. DEVELOPMENT CODE AMENDMENT 16-06 - A request to amend Chapter 19.06 (Commercial Zones) §19.06.030(2)(Q) (Development Standards — Specific D Standards for Commercial Zones — Recycling Facilities for Reusable Domestic Containers) of the City of San Bernardino Development Code to establish � development standards and an approval process for Unattended Donation Boxes, Unattended Collection Boxes or similar structures within non-residential zoning districts. D n Address: City Wide Zone: All Environmental Determination: Exempt from CEQA — §15061(b)(3) (Preliminary w Review) of the California Environmental Quality Act. Applicant: City Hall APN: NIA Ward: All n 0 3 Recommended Motion: Staff recommended that the Planning Commission adopt N Resolution No. 2016-043 forwarding a recommendation to the Mayor and Common o Council the adoption of the Categorical Exemption and approval of Development Code Amendment 16-06,based on the Findings of Fact. 5' Oliver Mujica,Planning Division Manager,gave a brief presentation of the project. CD Commissioners had questions regarding the project. 0. Commissioner Eble made a motion to adopt Resolution No. 2016-043 forwarding a P recommendation to the Mayor and Common Council the adoption of the Categorical Exemption o and approval of Development Code Amendment 16-06,based on the Findings of Fact. A Commissioner Paxton seconded the motion. .i The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and Jones.Nays:None. Abstain:None. Excused:None. Absent: Durr and Earp. m a m a 0 0 m 0 o' w 00 0 X 0 Page 6 of 9 07/20/2016 0'd'S 5.D.d NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public hearing on Monday, September 19, 2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North "D"Street, San Bernardino,California 92418,on the following items: DEVELOPMENT CODE AMENDMENT 16-06 - Amendment to Chapter 19.06 (Commercial Zones) and §19.06.030(2)(Q) (Development Standards — Specific Standards for Commercial Zones —Recycling Facilities for Reusable Domestic Containers) of the City of San Bernardino Development Code to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts. Environmental Determination: Categorically Exempt, pursuant to §15061(b)(3) (Review for Exemption)of the California Environmental Quality Act N Applicant: Community Development Department—Planning Division x 0 m The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating these items. The Mayor and Common Council will review the proposals and will consider the proposed o environmental determinations in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the a Community Development Department at City Hall,or by phone at(909)384-5057. v m If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. co Submitted: September 7,2016 Publish: September 10,2016(Display ad) a a� a� J d' C d E s a d E a Packet Pg. 59 ORDINANCE NO. 1 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 3 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) AND SECTION 4 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC 5 CONTAINERS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT 6 STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING 7 DISTRICTS. WHEREAS, the current City of San Berardino Development Code was initially 9 implemented in 1991;and 10 WHEREAS, numerous "Unattended Collection Boxes" have been placed on 11 properties throughout the City of San Bernardino without permits;and 12 WHEREAS, the City of San Bernardino Development Code does not address 1.3 regulations for"Unattended Collection Boxes;"and 14 WHEREAS, "Unattended Collection Box' means any unattended container. 15 receptacle,or similar device that is located at or on the exterior property areas of any premises 16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable 17 personal property,excluding recyclable materials such as glass,paper,plastics,or aluminum; and 18 WHEREAS, the City has received numerous complaints reporting "Unattended 19 Collection Boxes" placed on private property without the knowledge or consent of the 20 property owner;and 21 WHEREAS,City staff has encountered difficulty ascertaining information about the 22 identity and business structure of the operators of the existing"Unattended Collection Boxes;" 23 and 24 WHEREAS, "Unattended Collection Boxes" often become nuisances and safety 25 hazards by attracting graffiti, trash,toxic materials, and rodents when they are not properly maintained and routinely emptied;and 26 WHEREAS, the implementation of a permitting system that regulates"Unattended 27 Collection Boxes'will address the aforementioned blight and safety hazard concerns;and 2$ 1 1 -�.e es y f 1 WHEREAS,the Mayor and Common Council shall establish a nonrefundable pen-nit 2 application fee;and WHEREAS, the proposed Ordinance regulates the"Unattended Collection Boxes;" 3 and 4 WHEREAS, on July 20, 2016, the Planning Commission of the City of San 3 Bernardino held a noticed public hearing to consider public testimony and the staff report,and 6 adopted Resolution No. 2016-043 recommending adoption of the Categorical Exemption and 7 the approval of Development Code Amendment 16-06 to the Mayor and Common Council; 8 and 9 WHEREAS, notice of the public hearing for the Mayor and Common Council's 10 consideration of the proposed Ordinance was published in The Sun newspaper on September 9,2016. 11 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS; 13 14 SECTION 1. The Mayor and Common Council find that the above-stated Recitals lg are true and hereby adopt and incorporate them herein. 16 SECTION 2. Findings of Fact—Development Code Amendment 16-06. 17 18 Finding No. 1: The proposed amendment is consistent with the General Plan. 19 Finding of Fact' For the past (7) seven years various cities and counties across the 20 United States have dealt with the proliferation of the sparsely regulated 21 22 industry,of"Unattended Collection Boxes'(UCB).As a result of little 23 or no regulations, numerous Southern California cities have been 24 plagued by the non-regulated,private property placement of these UCB 25 by individuals and organizations that have placed the boxes without city 26 permits and owner permission from property owners. With the 27 advancement of the unregulated UCB,various cities across the United 28 2 I States have observed a huge increase of resident complaints regarding 2 the maintenance of the UCB and the dumping of furniture, clothing, 3 metal,and other junk items at the sites.The City of San Bernardino is 4 not immune from the problem of unregulated UCB. Since 2013, the 5 City's Code Enforcement Officers have observed a marked increase in 6 7 regard to unregulated UCB operating without City permits and 8 restraint. In most of these cases,each UCB area is unregulated,placed 9 without City permits and placed on private property without owner 10 consent. They are rapidly becoming a dumping ground for junk and 1.1 unwanted items.As of March 2016,it has been estimated that over 54 12 13 unpertnitted and unregulated UCB have been illegally placed and are 14 operating throughout the City of San Bernardino.The new ordinance by 15 this proposed amendment provides a quick recourse and response to 16 UCB that are deemed a nuisance within the City of San Bernardino. 17 Basic standards such as maintenance pick up, placement of structures 18 permit requirements, related fees and information is included in the 19 20 proposed ordinance. More specifically, UCB are required to have 21 specific information about the owner,and property operator of the UCB 22 posted in clear view. Therefore, the proposed ordinance is consistent 23 with the City's General Plan. 24 Finding No.2: The proposed amendment would not be detrimental to the public 25 interest,health,safety,convenience,or welfare of the City. 26 27 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 28 health, safety, convenience, or welfare of the City in that the 3 1 implementation of UCB regulations through the proposed ordinance 2 will advance the public interest, health, safety, convenience, and 3 welfare of the City by enacting constitutional regulations on UCB 4 within the City.This new ordinance will permit the safe and effective 5 method for placement and regulating these UCB. 6 7 SECTION 3. Compliance with the California Environmental Quality Act. 8 The Mayor and Common Council has independently reviewed,analyzed and exercised 9 judgment in finding that Development Code Amendment 16-06 is exempt under§15061(b)(3) 10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be 11 seen with certainty that there is no possibility that the activity will have a significant effect on 12 the environment. 13 14 SECTION 4.—Section 19.06:030(2)(Q)(Specific Standards for Commercial "Zones— 15 Recycling Facilities for Reusable Domestic Containers)shall be amended,as follows: Q. Recycling Facilities for Reusable Domestic Containers and unattended 16 17 Collection Boxes. 18 SECTION 5.—Section 19.06.030(2)(Q)(1)(Specific Standards for Commercial Zones 19 —Recycling Facilities for Reusable Domestic Containers)shall be amended by the following 20 addition: i. Unattended Collection Boxes. The purpose of this section is to enact and 21 enforce standards for"Unattended Collection Boxes" located within the City 22 limits. Nothing in this chapter shall preempt or make inapplicable any 23 provision in state or federal law. 24 1. "Director" means the Director of the City of San Bernardino 25 Community Development Department or his/her designee. 26 2. "Operator" means any person or entity who maintains "Unattended 27 Collection Boxes' to solicit salvageable personal property as defined herein 28 4 1 3. "Permittee"means a property owner who is issued a permit authorizing the placement of an Unattended Collection Box on his/her property. 2 4. "Property Owner"means the person who owns the real property where 3 the "Unattended Collection Box" is located or is proposed to be `I located. 5 5. "Residential District"means zones designated as RE.RL,R.S.RU,RM, 6 MR or RH by the City of San Bernardino Planning Department. 7 6, "Commercial District'means zones designated CO.CG-1,CG-2, CG- S; 3, CR, CR-2, CR-3, C.R-4, or CH by the City of San Bernardino 9 Planning Department. 7. "Unattended Collection Box" means any unattended container, 10 receptacle,product lockers or similar device that is located on any lot or 11 property within the City for the purpose of soliciting and collecting 12 clothing or other salvageable personal property. This tern does not 13 refer to recycle bins for the collection of recyclable material governed 14 or regulated by the zoning code, or any unattended collection box 15 located within a building. 16 SECTION 6.—Section 19.06.030(2)(Q)(2)(Specific Standards for Commercial Zones 17 —Recycling Facilities for Reusable Domestic Containers)shall be amended by the following addition: 18 e. Unattended Collection Box Standards, 19 1. Physical Standards. 20 i. Unattended Collection Boxes shall not be more than eighty-two 21 (82) inches high, sixty (60) inches wide and fifty (50) inches 22 deep. 23 ii. Unattended Collection Boxes shall be fabricated from durable 24 metal and waterproof materials. iii. Unattended Collection Boxes shall not be electrically or 25 hydraulically powered or mechanized. 26 2'7 28 5 I a 1 iv. Unattended Collection Boxes shall not become a fixture of the site and shall not be considered an improvement to real 2 property. 3 V. Unattended Collection Boxes shall require one dedicated 4 parking spot for item drop-off and content retrieval. 5 vi. Unattended Collection Boxes shall contain an opening with a 6 tamper-restraint locking mechanism. Unattended Collection 7 Boxes shall be secured in such a manner that the contents may 8 not be accessed by anyone other than those responsible for the 9 retrieval of the boxes contents. 10 vii. Each Unattended Collection Box shall be maintained in good condition and appearance,and free of structural damage,holes, 1 rust,graffiti,and chipping/peeling paint. 12 viii. Unattended Collection Boxes shall not overflow at any time. 13 ix. Items left next to or outside of the Unattended Collection Box 4 shall be considered a nuisance.Such nuisance may be the abated 15 by the City at the Permittee's expense pursuant to San 16 Bernardino Municipal Code 8.30. 17 X. Permittee or Operator shall address all Unattended Collection lg Box maintenance issues within twenty-four(24)hours of notice from the City,including but not limited to graffiti, vandalism, 19 and structurally-damaged boxes. 20; xi. The Permittee or Operator shall inspect the Unattended 21 j Collection Box a minimum of once per week to empty the 22 contents of the Unattended Collection Box and address any 23 existing maintenance issues. 24 xii. Operator and Pertnittee shall be responsible for disposing 25 undesirable material or unwanted items in accordance with 26 Municipal and State laws. 27 28 6 I I xiii. The name, address, telephone number, email address and web address of the Operator shall be displayed on the front of each 2 Unattended Collection Box in two-inch type face letters. 3 xiv. Each Unattended Collection Box shall display its weekly pick 4 up schedule. Pickup must be at least once a week as stated in 5, this chapter. 6 xv. No other signage or advertisements shall be allowed on box. 7 xvi. Each Unattended Collection Box shall display the City of San 8 Bernardino Business Permit number and a weatherproof copy of 9 the permit granted pursuant to this chapter. xvii. Each Unattended Collection Box shall display the phone 1.0 number of a City hotline provided by the Director in legible 11 type with each number at least two inches in height. 12 2. Locational Standards. 13 i. Unattended Collection Boxes shall not be located in, encroach 14 onto,or obstruct any of the following: 15 a) Access to any parking 16 b) Pedestrian pathways or alternate pathways provided in accordance with the Americans with Disabilities Act 17 c) Emergency access or fire lanes 18 d) Marked drive aisles or on-site vehicular and pedestrian 19 traffic circulation 20 e) Landscaped areas 21 f) Trash enclosures or access to trash enclosures 22 g) Setback areas required by law, including, but not 23 limited to,front setback areas and street setbacks 24 b) Building exits 25 ii. Unattended Collection Boxes shall not be permitted on any unimproved parcel or where the principal use of land has been 26 closed or unoccupied for more than thirty(30)consecutive days. 27 28 7 I iii. Unattended Collection Boxes shall be placed on a surface that is paved,level,and free of dust. 2 iv, The location of the Unattended Collection Box shall not disrupt 3 or impact any line-of-sight for pedestrians, bicyclists, or 4 operators of motor vehicles. 5 v. It shall be unlawful to locate any Unattended Collection Box 6 less than 1,000 feet from the property line where another 7 Unattended Collection Box is permitted. 8 vi. Only one (1) Unattended Collection Box shall be allowed per 9 each City-approved parcel. la vii. Unattended Collection Boxes shall provide a minimum 100 foot setback fiom parcel line with properties that are residentially 11 zoned or have existing residential uses. 12 3. Pennits. 13 i. It shall be unlawful and hereby declared a public nuisance for 14 any person to place, operate, maintain or allow Unattended ig Collection Boxes on real property unless the property owner 16 first obtains a pen-nit pursuant to this chapter. 17 ii. The permit application shall be made on a form provided by the 18 Director or his/her designee and shall include all of the following information: 19 a) The name, physical address, email address, and 20 telephone number of both the property owner and 21 operator. Operator shall also provide its organization`s 22 website address where applicable. 23 b) The text of the disclosures that will be made on the 24 Unattended Collection Box as required by this Chapter. 25 c) The physical address of the property where the proposed 26 /, Unattended Collection Box will be located, a drawing indicating the size of the Unattended Collection Box, 27 28 8 I and the proposed location of the Unattended Collection Box on said property. 2 iii. Each application shall be accompanied by a nonrefundable fee 3 in the amount to be established by resolution of the Mayor and 4 Common Council.This fee shall be in addition to any fee or tax 5 imposed by the City pursuant to any other provision of this 6 Code. 7 iv. All applications shall be tiled with the Community 8 Development Department. N V. Within sixty(60)days of receiving a completed application,the Community Development Department shall either issue a permit 10 or deny the issuance of a permit. 11 vi. Unattended Collection Boxes that existed prior to the enactment 12 of this chapter shall be subject to the same regulations herein. 13 vii. The Community Development Department shall not issue a 14 permit unless the applicant has submitted a complete and 15 accurate application accompanied by the applicable fee. 16 viii. When the Director denies an application, the :Director shall 17 provide a written statement to the Property Owner indicating the reasons for denial. 18 4. Term of Permit,Renewal of Permits. 19 i. The permit year shall begin on January 1 each year and shall 20 terminate on December 31 of the same calendar year.An annual 21 permit issued between December 1 and December 31 of any 22 year shall expire on December 31 of the following calendar 23 year. 24 ii. The pen-nit shall be renewed annually. The application for renewal must be filed no later than thirty (30) days before 25 pen-nit expires. 26 iii. Permittee may apply for permit renewal by submitting a renewal 27 application and a non-refundable annual renewal fee to the 28 9 i Director before the expiration of a current permit. The annual 1 renewal fee shall he in the amount set by resolution of the 2 Mayor and Common Council. 3 iv. The Director shall either approve or deny the renewal of a 4 permit within sixty(60)days of receipt of the complete renewal 5 application and payment of the renewal fee. 6 V. Prior to expiration of the permit, a Permittee may voluntarily 7 cancel the pen-nit by notifying the Director in writing of his or 8 her intent to cancel the permit. The permit shall become void 9 upon the Director's receipt of a written notice of intent to cancel the Pen-nit. Id vi. if a permit expires and is not.timely renewed, the Unattended 11 Collection Box must be removed from the property within ten 12 (10)days of the expiration of thepennit. 13 5. Revocation of Permit, Removal of Unpermitted Collection 'Boxes, 14 Restitution of Fees. 15 i. The Director shall have the right to revoke any permit issued 16 here under for cause. Failure to comply with the provisions of 17 this chapter or any other law shall constitute grounds for revocation of the permit, When the Director revokes a permit, 18 the Director shall provide a written notification to the Permittee 19 stating the specific grounds for revocation. 20 ii. Upon revocation, the Unattended Collection Box shall be 21 removed from the Permittee's real property within thirty (30) 22 days. 23 �.t, �jpgn.....�,la,�.��' �+* -°ry �� td�El•• -- Formatted:Indent:left: 1.5",Hanging: 0.5", No bullets or numbering 24 Ge1jeetion to wi h+n thice F30}days € t C}i ancry a en= vr;;sg<.�re se 4-t4e-_.Urtatte4ded 25 _ents at,the , 26 --::_Upon revocation of a permit, a Permittee shall be prohibited 27 from applying for a permit for a period of one calendar year. 2s 10 6. Permits Nontransferable. 1 i. Permits under this chapter are nontransferable.A Permittee shall 2 not transfer, assign or convey such permit to another person. 3 Any purported transfer,assignment, or conveyance of a permit 4 issued under this chapter shall be considered null and void. S 7. Appeals. 6 i. When the Director denies a permit application or revokes an 7 existing permit, the property owner may appeal the Director's 8 determination to the Planning Commission within ten(10) days 9 of the Director's decision. Appeals of the Director's determination must be made in writing with the Office of the Ill City Clerk. 11 8. Liability. 12 i. An Operator shall maintain a general liability insurance policy 13 of a minimum of one million dollars ($1,000,000.00) for the 14 duration of the operation of an Unattended Collection Box at 15 each site. to cover any claims or losses due to the placement, 16 operation, or maintenance of the Unattended Collection Box. 17 Operator's failure to maintain the required insurance coverage shall be grounds for revocation of the permit. 181 9. Violation and Penalty. 19 i. Any person who violates, causes, or allows another person to 20 violate any provision of this ordinance is guilty of either an 21 infraction or misdemeanor. Any person convicted of an 22 infraction or misdemeanor under the provision of this ordinance 23 shall be punished by fine,imprisonment,or both,according to 24 Chapter 1.12 of the City of San Bernardino Municipal Code. 25 ii. In addition to any other penalties provided in this section,up to $1,000.00 in Administrative Civil Penalties may be imposed for 26 each and every day during any portion of which any violation of 27 28 11 I any provision of these regulations is committed, continued, permitted,or caused by such violator. 2 iii. Nothing in this Chapter shall preclude the City from pursuing 3 the remedies made applicable hereto elsewhere in this 4 Municipal Code or under State law,including but not limited to, 5 as applicable, revocation of permits.--aftd injunctive relief and 6 removal of the Unattended Collection Bins Dursuant to C 7 &30 of the San Bernardino Municip�L]Code. 8 iv. Pursuant to Government Code section 38773, all unpaid 9 expenses incurred by the City in connection with an action to abate a public nuisance shall be a lien against the property on 10 which it is maintained and a personal obligation against the 11 property owner. 12 10 Severability. 13 i. The provisions of this Chapter are severable, and, if any 14 sentence, section or other part of this Chapter should be found 15 to be invalid, such invalidity shall not affect the remaining 16 provisions, and the remaining provisions shall continue in full force and effect. SECTION 7. - Notice of Exemp!Lorr. The Planning Division of the Community 18 Development Department is hereby directed to file a Notice of Exemption with the County 19 Clerk of the County of San Bernardino certifying the City's compliance with California 20 Environmental Quality Act in adopting the Categorical Exemption. 21 SECTION 8. Severabilit : If any section, subsection, subdi\�sion, sentence, or 22 clause or phrase in this Ordinance or any part thereof is for any reason held to be 23 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 24 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 25 patt thereof. The Mayor and Common Council hereby declares that it would have adopted 26 each section irrespective of the fact that any one or more subsections,subdivisions.sentences, clauses,or phrases be declared unconstitutional,invalid,or ineffective. 1 ;1; f!/ 2 Ali 3 111 4 5 rr 6 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.030(2)((2) 8 (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) 9 OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN 10 APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR 11 STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS. 12 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 13 and Common Council of the City of San Bernardino at a regular meeting thereof,held on the 14 day of 2016,by the following vote to wit: 15 Council Members: AYES NAYS ABSTAIN ABSENT 16 MARQUEZ 17 BARRIOS 18 VALDIVIA 19 SHORETT NICKEL 20 RICHARD 21 MULVIHILL 22 23 Georgeann Hanna,City Clerk 24 25 The foregoing Ordinance is hereby adopted this day of.___.....__,2016. 26 27 28 R.CAREY DAVIS,Mayor 13 1 Approved as to form: City of San Bernardino Gary D.Saenz,City.Attorney 2 3 4 Bye,"- 5 6 7 8 9 10 11 12 13 14' 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 14 I Chapter 8.27 NUISANCES (Repealed by Ord. MC-1418, 10-05-15) Chapter 8.30 PUBLIC NUISANCES9 (as amended by Ord. MC-1418, 10-05-15) Sections: 8.30.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 8.30,021 Summary/Emergency Abatement 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30,030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by City 8.30.041 Report of abatement costs 8.300042 Recovery of attorneys' fees and report of attorneys' fees 8.30.043 Treble damages 8.30.045 Protest of abatement costs 8.30.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorney' s fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - Penalty 8.30.010 Purpose 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 as declared by the Mayor and Common Council of the City of San Bernardino, which abatement procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law, � For charter provisions aUftri7in'0 the C.,omm.on Council to define nuisances arld provide for their removal, see Charter §40('c;. [Return to Municipal Code Contents] [Rev. October 20161 8-58 [Return to Title 8 Contents] 8.30,015 Definitions For the purpose of this Chapter the following words and phrases shall have the meanings given herein: a) "Abandoned vehicle" means a physically inoperable vehicle. b) "Abatement" means the demolition, removal, repair, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight. 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 a determination of the existence of a nuisance. d) "Agricultural groves" means any grove of ten or more trees on a parcel or lot. 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 appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to: 1. Abandoned and/ or broken equipment; 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, without limitation, that drains be visible from the water' s surface and that the water be filtered: I Hazardous and/ or unmaintained pools, ponds, culverts, excavations; and 4. Neglected machinery. "Building" means any structure including, but not limited to any house, garage, duplex, 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 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 for the purpose of conducting a business, storage or other activity. [Return to Municipal Code Contents] [Rev. October 2016] 8-59 [Return to Title 8 Contents] g) "Construction material"means any discarded material from the building or destruction of structures, road and bridges including concrete, rocks, asphalt, plasterboard, wood and other related material. h) "Code Enforcement Director" shall mean the Community Development Director or the Chief of Police for the City of San Bernardino. 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. j) "Foul" means very offensive to the senses. 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 substance. "Hazardous materials and waste" means any chemical, compound, mixture, substance 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. 261. 1 through 261. 33, except that for purposes of this Chapter, hazardous waste also shall include household waste as defined in 40 C. F.R. 261.44 B)( 1). 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, 24002, 40001, concerning license plates, registration, equipment, safety and related matters. n) "Noxious" means hurtful or unwholesome. o) "Odor" means any smell, scent, or fragrance. p) "Owner" means any person, agent, firm or corporation having legal or equitable interest in the property. 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 parking areas. r) "Property" means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement. [Return to Municipal Code Contents] [Rev. October 2016] 8-60 [Return to Title 8 Contents] ALM s) "Refuse" means any putrescible and non-putrescible solid waste,except sewerage, whether combustible or noncombustible and includes garbage and rubbish. t) "Stagnant water": Water which is allowed to become stagnant contained in ditches, pools, ponds, steams excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles,tubs, buckets, roof gutters, tanks of flush closets, reservoirs,vessels, receptacles of any kind or other containers or devices which may hold water. u) "Unmerchantable" means unsalable. 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 power, or used exclusively upon stationary rails or tracks. w) "Violator" means any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property. x) "Waste matter" means any rubbish or construction material. y) "Weeds" means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth, 8.30.020 Declaration of nuisances It is unlawful and is hereby declared a nuisance for any person owning, leasing, occupying or having charge or possession of any property and any vehicles thereon, in the City to maintain the property in such a manner that any of the following conditions are present: A. The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of the San Bernardino Municipal Code. B. The existence of weeds upon the premises, including public sidewalks, streets or alleys between said premises and the centerline of any public street or alley. C. The existence of overgrown, dead, decayed, diseased or hazardous trees, and other vegetation, including but not limited to dead agricultural groves which are: (1) likely to attract rodents, vermin or other nuisances, or (2) constitutes a fire hazard, or (3) is dangerous to the public safety and welfare. [Return to Municipal Code Contents] [Rev. October 2016] 8-61 [Return to Title 8 Contents] D, Overgrown vegetation including trees, shrubbery, ground cover, lawns and decorative plantings which substantially detract from the aesthetic and property values of neighboring properties. E. Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet, or other household fixture or equipment visible from a public right-of-way. 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. G. The storage or parking of certain vehicles as follows: 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 other vehicles on the landscaped front and street side yard setback area of all residential zones, including but not limited to the front lawn areas, contrary to the provisions of the San Bernardino Municipal Code. 2, The storage or parking of vehicles on any unpaved parcel of property where such vehicle is (a) likely to disrupt traffic flow in the City', (b) stir up dust from driving on the 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 obstructions by impeding the line of vision of drivers at intersections. Vehicles parked in conjunction with a temporary use as permitted under San Bernardino Municipal Code are excepted. H. The outdoor storage of personal property on private property as follows: 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 designed for outdoor use and in good working order; [Return to Municipal Code Contents] [Rev. October 2016] 8-62 [Return to Title 8 Contents) 2. The existence of any hay, straw, lumber, papers, or other substances, junk, packing boxes, recyclable materials, salvage materials, build ing/construction materials,equipment; unless necessarily kept or stored undervalidly permitted, current construction; appliances, commercial/industrial machinery and/or equipment( whether operable or inoperable); and 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 vermin, or creates any other potential health hazard or nuisance. 1. The outdoor storage of personal property on public property as follows: 1 The use of public property to store, maintain, place or abandon any personal property, on any public street, any public sidewalk, any parking lot or public area, improved or unimproved, any public park, parkway, median or greenbelt, except as otherwise provided. 2. Any personal property stored, maintained, placed or abandoned in violation of this section may be removed and discarded at the discretion of the Public Works Director, Code Enforcement Director or their designees. 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 Building Code, Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings, and/or the San Bernardino Municipal Code, K. Peeling or blistering paint on any building or structure such that the condition is plainly visible from a public right-of-way. 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 enjoyment of life or property and affect the entire neighborhood or any considerable number of persons. M, The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises onto any City property. 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. [Return to Municipal Code Contents] [Rev. October 2016] 8-63 [Return to Title 8 Contents] I 0. 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 outdoor advertising displays which are located in permitted zoning districts or which are otherwise legally permitted are excepted herefrom-, 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) 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 deterioration or disrepair that the same cause appreciable diminution of the property values of surrounding properties, or are materially and economically detrimental to the neighboring properties and improvements. 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; R. Any attractive nuisance. S, Any other condition which is contrary to the public peace, health and safety, T. Any other violation of the San Bernardino Municipal Code, 8,30.021 Summary/Emergency Abatement Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance. In cases of manifest public danger and/ or immediate necessity, the Code Enforcement 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 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 designees. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City may recover all abatement costs as set forth in this chapter. [Return to Municipal Code Contents] [Rev, October 2016] 8-64 [Return to Title 8 Contents] 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 the Code Enforcement Director, or their designees, have caused any public nuisance, which presents an 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 Works, Building Official, or their designees, responsible for initiating the summary abatement proceedings shall provide the owner of the property that was summarily abated with a notice of postabatement hearing to contest the validity of the summary abatement, B Such notice shall be given in accordance with section 8,30.023 of this chapter and contain the following information. 1) That a hearing has been scheduled within thirty(30)days of the notice provided under 8.30,022(A), before the Administrative Hearing Officer-, 2) That emergency action was taken with regard to the property; 3) The reason why the Building Official or the Code Enforcement Director, or their designee made the decision to initiate summary abatement proceedings at the property. 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 give any interested person a reasonable opportunity to be heard in conjunction therewith. Based 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 rules of evidence or procedure. D. The expense of abatement shall be itemized and, after a hearing, notice of which is given in 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 as set forth in Sections 8.30,041, 8.30.042, 8,30.043,8.30.045,8.30.050, 830,055, 8.30.056,8.30.060 and 8.30.065. 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 or such section as may be amended from time to time. [Return to Municipal Code Contents] [Rev. October 2016] 8-65 [Return to Title 8 Contents] NL 8.30.023 Method of giving notice Any notice required by this chapter may be served in any one of the following methods: 1 by personal service on the owner, occupant, or person in charge or control of the property-, 2) by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail addressed to the owner or person in charge and control of the 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 pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or 3) by posting in a conspicuous place on the premises or abutting public right-of- way, or 4) in the alternative, insertion of a legal advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City of San Bernardino, 5) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Chapter. 8.30.025 Determination of nuisance A. The Code Enforcement Director, or his or her designee, may determine that any premises 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 authorized representative thereof shall set forth in such determination in a notice to abate which 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. B. The notice to abate to the owner or person in control or charge of the property shall include (1) the condition or conditions on the premises creating the nuisance; (2) a reasonable time limit to abate the nuisance; and [Return to Municipal Code Contents] [Rev.October 20161 8-66 [Return to Title 8 Contents] (3) the right to appeal. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars. C. The notice shall be served not less than ten calendar days before the date of the scheduled abatement. Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this Chapter. D. "Owner" as used in this chapter shall mean any person in possession and also any person 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. 8.30.030 Appeal 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 identify the property subject to the Notice of Violation, The Code Enforcement Director shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters. 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 and to the Code Enforcement Director. C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a 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 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 her opinion, there exists good cause for the amendment of time to abate. 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 or such section as may be amended from time to time. [Return to Municipal Code Contents] [Rev. October 2016] 8-67 [Return to Title 8 Contents] Ar ILM 8.30.035 Time limit for compliance 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 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. 8,30.040 Abatement by City 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 be abated, 8.30.041 Report of abatement costs 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. B. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8,30.045. if the cost is not protested within ten calendar days after service, it shall be deemed final. 8.30.042 Recovery of attorneys'fees and report of attorneys'fees In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing partyshall 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 City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. 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 by the City in the action or proceeding. The City Attorney's Office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk of the City of San Bernardino, 8.30.043 Treble damages 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 accordance with this ordinance,except for conditions abated pursuant to Section 17980 of the Health and Safety Code, related to substandard buildings, the court may order the owner to pay treble the costs of the abatement, [Return to Municipal Code Contents) [Rev. October 20161 8-68 [Return to Title 8 Contents] 8.30.045 Protest of abatement costs A. The property owner may protest the cost of abatement by filing a written request for a 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 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 abatement. B. The Hearing Officer may revise, correct or modify the statement as the Hearing Officer considers just and thereafter shall confirm the cost. C. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. D. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. 8.30.050 Council action 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 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 confirmation of the statement until payment. The assessment may be collected at the same time and in 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. 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, 8.30.055 Imposition of special assessment lien and notice 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 the preceding section. [Return to Municipal Code Contents] [Rev. October 2016] 8-69 [Return to Title 8 Contents] B. Notice of lien shall be mailed by certified mail to the property owner, if the property owner's 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 it years by the Tax Collector for unpaid delinquent assessments. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice, 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 taxes are collected, and shall be subject to the same penalties and procedure and sale in case of 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 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 thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice, 8.30.056 Recording of nuisance abatement lien As an additional remedy, the Code Enforcement Director may cause a nuisance abatement lien 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, 8,30.060 Collection of costs and attorney' s fees prior to hearing 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. 8.30.065 Alternative remedies 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 this Code or applicable state codes and the use of this Chapter shall be at the sole discretion of the City. [Return to Municipal Code Contents] [Rev. October 2016] 8-70 [Return to Title 8 Contents] 8.30.070 Violation—Penalty A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this Chapter, or who violates an order of abatement made pursuant to §8.30,030 is guilty of a misdemeanor, B. Any occupant or lessee in possession of any building or structure contrary to an order given as provided in this Chapter is guilty of a misdemeanor. 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 building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or 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 or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or 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 Chapter. Chapter 8.33 (Repealed by Ord. MC-807, 9-18-91) Chapter 8.35 (Repeaied by Ord. MC-I 260, 12-04-07) [Return to Municipal Code Contents] [Rev. October 2016] 8-71 [Return to Title 8 Contents]