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HomeMy WebLinkAbout2022 I * .. . .. ORDINANCE NO. ~o.;2.:.1.... AN ORDINANCE DEFINING NUISANCES: PROVIDING FOR THEIR ABATEMENT: PRESCRIBING THE PROCEDURE TO MAKE THE EXPENSE THEREOF A LIEN UPON THE PROPERTY CLEANED OR BENEFITED THEREBY: REPEALING ORDINANCES NO. 1910 AND NO. 1981; AND FOR OTHER PURPOSES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SJ\N BERNARDINO DO ORDAIN AS FOLLOWS: SECTION ONE: It is hereby declared that the existence of weeds, dry grass, dead trees, tin cans, abandoned asphalt or concrete, rub- bish, refuse, or waste materials of any kind, upon any sidewalk, vacant lot, parkway, or other property, is hereby determined and de- clared to be a public nuisance, and the removal thereof is necessary ,,; to protect the health and safety of the inhabitants of said City. SECTION TWO: Any owner, agent or person having charge of or occupying any lot or premises within the City of San Bernardino, who refuses or neglects for a period of five days from the City Engineer of said City to remove after receiving notig,lt, c.,:illl.. '.... ...:~t~,' , any of the things here-''" inbefore declared to be a nuisance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $50.00, or by imprisonment in the City Jail not exceeding thirty days, or by both fine or imprisonment in the discretion of the court. SECTION THREE: Whenever any of the public nuisances described or mentioned in Section One hereof shall exist in the City of San Bernardino, the City Council may, by Resolution, declare the same to be a public nuisance under the provision hereof, and may order the abatement of such public nuisance as hereinafter provided. SECTION FOUR: The resolution mentioned in Section Three of this ordinance shall set a date for hearing of any and all objections which may be filed by any owner or owners of property described in said resolution and shall refer to streets by their commonly known names, and shall describe the property upon which or in front of which the nuisance exists, by giving its lot and block number according to the official County Assessor's maps. Any number of streets, or parcels '0 , .. of private property may be included in one resolution.- SECTION FIVE: After the passage of said resolution, the City Engineer shall cause to be conspicuously posted on or in front ,of the property on which, or in front of which said nuisance exists, 'NOTICE TO CLEAN PREMISES'. Said title shall be in words not less than one inch in height, ~nd the contents of said notice shall be in substantially the following form: ~NOTICE IS HEREBY GIVEN that on the day of , 19 , the Council of the City of San Bernardino passed a resolution declaring that weeds, dry grass, dead trees, tin cans, abandoned asphalt or concrete, rubbish refuse, or waste materials of any kind, were upon or in front of property in the City of San Bernardino, and more particularly described in said resolution, and that the same constitutes a public nuisance which must be abated by the removal of said nuisance; otherwise, it will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which said nuisance is removed, and such costs will constitute a lien upon such lots or land until paid. Reference is hereby made to Resolution No. for further particulars. "All property owners having any objections to the proposed removal of said nuisance and the abatement of said nuisance may make and file written protests at any time not later than the hour set for hearing, to be held on the day of , 19 , at P.M., in the Council Chambers in the City Hall, San Bernardino, Calif- ornia, at which time and place their objections will be heard and given due consideration. "Dated: , 19 , " . SECTION SIX: At the time set for hearing, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of said nuisance, and may continue the hearing from time to -2- . . .. . . ~ time. Said objections or protests shall have been filed in writing with the City Clerk not later than the hour set for hearing the same. Upon the conclusion of said hearing, the Council, by motion, shall allow or over-rule any or all objections, whereupon the Council shall be4deemed to have acquired jurisdiction to proceed and have performed .'"o' the work of removal, and the decision of the Council shall be deemed to be final and conclusive. Any person or persons failing to protest as herein required shall be deemed to have waived any and all objections. SECTION SEVEN: Upon acquiring jurisdiction, the Council shall, by resolution, order the City Engineer to abate said nuisance by having the nuisance referred to removed, and he and his assistants or deputies, or any person, firm or corporation under contract to do said work are hereby expressly authorized to enter upon private prop- erty for that purpose. SECTION EIGHT: If the Council deems it advisable to have the work described in this ordinance performed under contract, and bids are submitted for said work, all bids so submitted shall be accompanied by a check payable to the city, certified by a responsible bank, in the sum of $300.00, which check must be forfeited to the city upon failure of the bidder to enter into the contract awarded. The City Council may reject any and all proposals or bids and re-advertise or order the City Engineer to abate said nuisance. SECTION NINE: Any property owner shall have the right to have any such nuisance removed at his own expense provided the same is done within ten days after the posting of the "Notice to Clean Premises", as herein provided and to the satisfaction of the City Engineer. . SECTION TEN: The City Engineer shall, upon completion and approval of the work forthwith make an assessment to cover the cost of abating said nuisance (including all incidental expenses). The assessment shall refer briefly to the work performed and shall show the amount to be paid therefor, together with all incidental expenses, ~ .3- . . , .. . . the amount of each assessment against each lot or portion of lot, and the lot and block number according to the official County Assessor's maps; provided, however, that where the work performed covers only a portion of a lot or parcel as indicated on the County Assessor's maps, the assessment shall be levied against the entire lot or parcel assessed for taxes. Said assessment shall then be filed with the City Clerk, who shall then cause a notice of that fact to be posted for at least three days on or near the Chamber door of the City Council, in the City Hall, San Bernardino, California. Said notice shall give the time when said assessment shall be submitted to the Council for confirmation or modification, and when all persons having any objections thereto may appear and present the same. Said object- ions must be filed in writing with the City Clerk not later than the hour set for hearing. SECTION ELEVEN: At the time fixed for receiving and consider- ing said assessment, the City Council shall hear the same, together with any objections which may be raised by any of the property owners I liable to be assessed for the work of abating said nuisance, and thereupon make such modifications in the assessment as it deems necessary, after which, by motion, said assessments shall be confirmed. The various amounts mentioned in said assessments shall constitute special assessments against the respective parcels of land, and thus made and confirmed shall constitute liens on said property for the amount of such assessments respectively. SECTION TWELVE: The action of the Mayor a~d Common Council in determining the cost of abating such nuisance shall be conclusive evidence that such nuisance existed; that notices of removing the same were given as herein provided; and the amount of such lien is the actual amount expended by said";City in abating said nuisance, and that all of the notices and proceedings were duly and regularly taken. -4- ~ , .. ~ SECTION THIRTEEN: After confirmation of said assessment, a copy shall be certified to the Auditor of the County of San Bernar- dino, who is hereby expressly authorized to assume and discharge the duty of collecting said special assessments by adding the amounts of the respective assessments to the next regular bills for taxes levied against said respective lots and parcels of WdRd for municipal pur- poses, and thereafter said amounts 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 the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. SECTION FOURTEEN: That Ordinance No. 1910, passed on the 7~h day of May, 1951 and approved on the 8th day of May, 1951, and Ordinance No. 1981, passed on the 27th day of April, 1953 and approved on the 28th day of April, 1953; be and the same are hereby repealed. SECTION FIFTEEN: That the City Clerk shall certify to the passage of this Ordinance, and cause the same to be published for three consecutive days in the San Bernardino Evening Telegram, a daily newspaper hereby designated for that purpose. SECTION SIXTEEN: That the passage of this Ordinance is an urgent matter in that there now exists in the City of San Bernardino an unhealthy, unsanitary and hazardous condition caused by the heavy grwwth of weeds and the existence of a nuisance, and it is necessary because of said urgency and it is further hereby ordained that this Ordinance shall take effect upon its final passage and its approval by the Mayor of said City. -. .. - .. ... .' -- I HEREBY CERTIFY THAT THE WHOLE number of members of the Common Council of the City of San Bernardino is five, and that the foregoing Ordinance was adopted at a meeting of the Mayor 16-'i;(day of -I:h~ and Common Council of said City held on the , 195}', by the following vote to-wit: AYES: /~f ~/ ~'---'L, J~~ I~ NOES: ?1~ ABSENT: ~ ; jl c;- .fu #- .... ~r~l~' Cl-;r~ I hereby approve the foregoing Ordinance this I d, u:.. day of -I~ , 1954. ~~o ~w.- - ili 'ttiS APPROVED AS TO FORM: f\\-EO