HomeMy WebLinkAboutMC-14451
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ORDINANCE NO. 1445
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING BY REFERENCE CHAPTER THREE
OF DIVISION THREE OF TITLE TWO OF THE SAN BERNARDINO COUNTY
CODE RELATED TO THE ABATEMENT OF FIRE HAZARDS AND HAZARDOUS
TREES
WHEREAS, pursuant to Resolution No. 3211 of the Local Agency Formation
Commission for San Bernardino, the San Bernardino County Fire Protection District, as
primary successor district the City of San Bernardino Fire Department, began delivering
services to residents, landowners, and government within the corporate limits of the City of
San Bernardino outlined in the Plan for Service attached as Exhibit "B" to Resolution No.
3211;
WHEREAS, the Plan for Service addresses how the San Bernardino County Fire
Protection District will provide weed abatement services to the City in Paragraph G of Section
3 as follows:
"County Fire performs vegetation risk assessments within its
jurisdiction. Property owners are required to abate their property
of weeds and vegetation that could create a fire hazard and pose
a potential threat to adjacent properties. Property owners are
given written notice to abate within a specified time frame to
remain in compliance. County Fire will work with City code
enforcement to gain voluntary compliance. If voluntary
compliance is not obtained, there is an administrative citation
process and a property lien process available depending on how
compliant the property owner wishes to be. Generally, voluntary
compliance has a high success rate in reducing neighborhood
fire risk associated with vegetation management."
WHEREAS, the Mayor and City Council believe that adopting Chapter 3 of Division
3 of Title 2 of the San Bernardino County Code related to the Abatement of Fire Hazards and
Hazardous Trees will allow the San Bernardino County Fire Protection District to provide
weed abatement services in an efficient and consistent manner;
WHEREAS, on April 17, 2017 the Mayor and City Council introduced the Ordinance
and set the public hearing for May 15, 2017;
WHEREAS, the City may enact ordinances which adopt by reference County
ordinances, codes, or any parts thereof and any amendments thereto by complying with the
requirements of Gov. Code, §§ 50020 to 50022.9.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Chapter 8.19 shall be added to the San Bernardino Municipal Code as
follows:
Chapter 8.19
Abatement of Fire Hazards and Hazardous Trees
SECTION 8.19.010 — Adoption by Reference.
Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code entitled "Abatement of
Fire Hazards and Hazardous Trees" (§§23.0301-23.0319) ("County Weed Abatement Code")
is adopted by reference under the authority of Gov. Code, §§ 50020 to 50022.9.
SECTION 8.19.020 — Interpretation of County Weed Abatement Code as applied to
City.
Whenever "County," "County of San Bernardino," or "unincorporated area of the County of
San Bernardino' is used, it shall mean the City of San Bernardino unless a different
geographical area is clearly indicated by the context.
SECTION 8.19.030 — Amendments, additions, and deletions to County Weed Abatement
Code.
The County Weed Abatement Code as adopted by Section 8.19.010 is effective with the
changes, additions, and deletions as set forth in this Section:
(A) §23.0307 is hereby amended to read as follows:
For the purpose of enforcing this Chapter, the County Fire Chief/Fire Warden
may designate any person as his or her deputy in the performance of the duties
enjoined upon him or her by this Chapter. In addition, each of the following
officers is hereby designated to perform the same duties within the City of San
Bernardino. Whenever the term County Fire Chief/Fire Warden is used in this
Chapter, the following officers are included in the meaning of such phrase,
except that the County Fire Chief/Fire Warden shall coordinate all such
officers in the performance of these duties:
(a) The City of San Bernardino Code Enforcement Division
Manager and their designees.
(b) Other officers hereafter designated by the Mayor and City
Council or the County Fire Chief/Fire Warden.
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SECTION 8.19.040 — Remedies and Penalties.
(A) All remedies and penalties provided for in this Chapter shall be cumulative and
discretionary, and not exclusive, in accordance with this Section and in the
same manner as provided by § 11.0202 of the San Bernardino County Code.
(B) All persons authorized to enforce the provisions of this Chapter are authorized
to conduct investigations and inspections in accordance with this Section and
in the same manner as provided by § 11.0203 of the San Bernardino County
Code.
(C) Each and every day, and any portion of which, any violation of this Chapter is
committed, continued, or permitted shall be deemed a new and separate offense
and shall be punishable or actionable as set forth in this Section.
(D) Whenever in this Chapter any act or omission is made unlawful, it shall include
causing, permitting, aiding or abetting such act or omission.
(E) Criminal Penalties for Violations. It is unlawful for any person, firm,
partnership, corporation or other entity (hereafter "person") to violate any
provision of this Chapter constituting a public offense. Any person violating
any such provision, unless as otherwise specified for certain sections, shall be
deemed guilty of an infraction or misdemeanor as hereinafter specified. To any
person so convicted the following shall apply:
(1) A first offense, shall constitute an infraction offense and punished by a
base fine not exceeding $100.00 and not less than $50.00.
(2) A second offense within one year shall constitute an infraction offense
and punished by a base fine not exceeding $200.00 and not less than
$100.00.
(3) The third and any additional offense within one year, shall constitute
either an infraction or a misdemeanor offense, and if it is an infraction
offense, shall be punishable by a base fine not exceeding $500.00, or if
a misdemeanor offense, punishable by up to six months in jail, and/or
base fine not exceeding $1,000.00.
(4) Any court costs that the court may otherwise be required to impose
pursuant to applicable state law or local ordinance shall be imposed in
addition to the base fine (Government Code § 25132).
(5) Notwithstanding the above, a first or second offense may be charged
and prosecuted as a misdemeanor, punishable by up to six months in
jail, and/or base fine not exceeding $1,000.00.
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(6) Payment of any fine or service of a jail sentence shall not relieve a
person, firm, partnership, corporation or other entity from the
responsibility of correcting the condition resulting from the violation.
(F) Criminal Citations. Criminal citations shall be issued in the same manner and
under the same authority as provided by § 11.0206(b) of this Code.
(G) All violations of this Chapter may be subject to enforcement through the
initiation of a civil action in accordance with this Section and in the same
manner and under the same authority as provided at § 11.0207 of the San
Bernardino County Code.
(H) As an alternative to the criminal or civil enforcement of this Chapter, all
violations of this Chapter may be subject to enforcement through the use of
administrative citations in accordance with Government Code § 53069.4 and
this Section, and in the same manner and under the same authority as provided
at § 11.0208 of the San Bernardino County Code.
SECTION 3. This Ordinance shall take effect on the thirty-first day following its
adoption.
Gl
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING BY REFERENCE CHAPTER THREE
OF DIVISION THREE OF TITLE TWO OF THE SAN BERNARDINO COUNTY
CODE RELATED TO THE ABATEMENT OF FIRE HAZARDS AND HAZARDOUS
TREES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
15th day of May 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
X
XM
X
X
X
X(S)
The foregoing Ordinance is hereby approved this
Approved as to form:
Gary D. Saenz, City Attorney
By
�OP1 a a
C)
5
ABSTAIN ABSENT
Geor ean�Ianna, Q; City Clerk
day of 2017.
R. Carey Davi , Mayor
City of San Bernardino