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Home My WebLink About2506 l i ORDINANCE N0.~~ 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROHIBITING THE ACCUMULATION OF REFUSE AND CERTAIN COMBUSTIBLE MATERIALS; PROVID- 3 ING FOR THE ABATEMENT THEREOF AND FOR PROCEDURES FOR NOTICE AND HEARING PERTAINING THERETO, AND REPEALING ORDINANCE N0. 481. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION ONE: The accumulation of shavings, straw, sacks, 7 bags, litter, weeds, dry grass, dead trees or shrubs or branches 8 thereof, rubbish, used lumber or wood, or combustible waste or 9 fragments of any nature or kind, in any yard, lot, or upon any l0 premises within the City of San Bernardino, is hereby declared to it be a public nuisance and dangerous to public health and the safety 12 of the inhabitants of said City. Any employee of the Fire Depart- 13 went of said City shall have the right to enter upon private pro= 14 perty to determine whether such a public nuisance exists, 15 SECTION TWO: The Chief Engineer of the Fire Department of 16 said City shall notify the owner, occupant or agent thereof, or 17 person in charge or control of the property, each hereinafter re- 18 ferred to as "Owner", personally or by certified mail of such 19 accumulation, and shall conspicuously post such notice in writing 20 on any lot or premises upon which he determines after investiga- 21 tion that such public nuisance exists. Such notice shall bear a 22 title with the following words: "NOTICE TO CLEAN PREMISES" in 23 letters not less than one inch in length and which shall, in 24 legible characters, direct the abatement of the nuisance and 25 refer to this Ordinance for particulars. Such notice shall re- 26 quire the Qwner to commence the abatement of said nuisance within 27 5 days and to complete such abatement within 15 days from the 2g date of the notice. Notices which are served personally or by 29 certified mail shall be addressed to the Owner of the property 30 at the address shown on the last available assessment roll, or 31 as otherwise known. 3Y SECTION THREE: At any time within 15 days from the date 1 of posting and service of such notice, such Owner may appeal the Z decision of the Chief Engineer by filing an objection thereto in 3 the Office of the City Clerk of said City. At the next public 4 meeting of the Mayor and Common Council or on any date to which S the hearing is continued, the Mayor and Common Council shall hear 6 and consider objections to the proposed abatement of said nuisance T and shall approve or reject any objections. If objections have 8 not been made or have been rejected, the Common Council shall, by 9 motion, order the Street Superintendent to cause such nuisance to 1o be abated by having the shavings, straw, sacks, bags, litter, 11 weeds, dry grass, dead trees or shrubs or branches thereof, rabbis , ~2 used lumber or wood, or combustible waste or fragments of any 13 nature or kind removed; provided that the Owner shall first be 14 allowed five days from the date of the said order to remove and 15 abate the nuisance at his own expense. The Street Superintendent is may enter upon private property to abate the nuisance. lz SECTION FOUR: The Street Superintendent shall submit to 18 the Common Council an itemized report of the cost of abatement of 19 each separate parcel of land and shall post a copy thereof on ~ or near the door of the Council Chamber at City Hall, San Bernar- 21 dino, at least five days prior to such submission. 22 The Common Council shall consider the report with any 23 objections of property owners liable to be assessed for the abate- ment, and shall confirm or modify the report by motion or 25 resolution. ~ The cost of abatement in front of or upon each parcel of ~ land constitutes a special assessment thereon. After the assess- 28 went is made and confirmed it is a lien on said parcel and shall ~ be collected in the manner provided in Sections 39578 to 39584 30 of the Government Code. 31 SECTION FIVE: In the event of an "urgent" public nuisance, 32 it shall be the duty of the Chief Engineer of the Fire Department - 2 - 1 of said City, to notify the Owner of any lot or premises to abate 2 the same of all shavings, straw, sacks, bags, litter, weeds, dry 3 grass, dead trees or shrubs or branches thereof, rubbish, used lum- 4 ber or wood, or combustible waste or fragments of any kind. Such 5 notice shall be in writing and shall be delivered to said Owner per- 6 sonally, or shall be conspicuously posted on such lot or premises 7 and if such Owner shall neglect so to do, for 48 hours after servic 8 or posting of such notice, then said Chief shall cause said lot or I 9 premises to be cleared of all such shavings, straw, sacks, bags, to litter, weeds, dry grass, dead trees or shrubs or branches thereof, li rubbish, used lumber or wood, or combustible waste or fragments 12 of any kind, and said nuisance to be abated and the expense of 13 such clearing, together with an inspection fee of not more than 14 Ten ($10.00) Dollars ,shall be a lien on said lot. The procedures 15 to be followed with respect to the assessment of the foregoing 16 expense and fee shall be the same as those set forth in Section 17 Four hereof. The word "urgent" public nuisance as herein employed is shall mean whatever is a menace to public health or safety or 19 whatever constitutes afire hazard under conditions which would ~ be judicially determined to be a nuisance per se or a nuisance 21 in fact or where the destruction or removal of the objectionable 22 items is reasonably necessary under the circumstances to prevent 23 immediate harm to the public. ~ SECTION SIX: Any person, partnership, firm or corporation 25 whether as principal, agent, employee, or otherwise, interfering, 26 obstructing or preventing or causing the interference, obstruction 27 or prevention, of or with, the enforcement or performance of any ~ of the provisions of this Ordinance by the Chief Engineer or ~ other authorized person shall be guilty of a misdemeanor, and ~ upon conviction thereof shall be punishable by a fine of not more 31 than Five Hundred Dollars ($500.00) or by imprisonment for a j 32 term not to exceed six (6) months, or by both such fine and ~ - - 3 1 imprisonment. 2 SECTION SEVEN: Any person violating or permitting or 3 responsible for the violating of any of the provisions of this 4 Ordinance shall be guilty of a misdemeanor, and upon conviction 5 thereof shall be punished b~a fine of not more than Five Hundred 6 Dollars ($500.00) or by imprisorm~ent in the City Jail of the City 7 of San Bernardino, or in the County Jail of the County of San 8 Bernardino, California, as the committing magistrate may direct, 9I for a period of not more than six (6) months, or by both such to fine and imprisonment. Every such person continuing, committing, 11 or permitting the violation of any provisions of this Ordinance 12 shall be deemied guilty of a separate offense for each and every 13 day or portion of any day during which any violation of any provi- ' 14 Sion of this Ordinance is committed or permitted. 15 SECTION EIGHT: If any section, sentence, clause or phrase 16 of this Ordinance is for any reason held by a court of competent 17 jurisdiction to be invalid, such decision shall not affect the is validity of the remaining portions of this Ordinance. The Cordon 14 Council of the City of San Bernardino hereby declares that it ~ would have passed and does hereby pass this Ordinance and each 21 section, sentence, clause and phrase hereof, irrespective of the 22 fact that any one or more sections, sentences, clauses or phrases 23 be declared invalid or unconstitutional. ~ SECTION NINE: Ordinance No. 481 is hereby repealed. 25 I HEREBY CERTIFY that the foregoing Ordinance was duly ~ adopted by the Mayor and Common Council of the City of San Bernar- ~ dino at a ~' Ls' meeting thereof, held on the 28 ~~,day of , •1963, by the following vote, to wit: ~ ~ ~ AYES: ddunciiXmen ~ 1/ 30 `' L , f G s-L , 31 NOES : = ' ~ ~ ~ ~, ABSENT : LCat 1, z~ ~ , . 32 ~C.t U ','~t•r~ ity er - 6? - i 1 Th,~ foregoing Ordinance is hereby approved this.yu.~ ~ 1963. 2 day of , ~I 3 {l 4 5 yor o t e ty o an Bernar ino 6 7 Approved as to form: 8 /~/ 1 O 9 ity tt rney r 10 11 l2 13 14 15 16 17 18 19 ZD 21 22 23 24 25 26 27 28 29 30 31 32 - 5 -