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Home My WebLink About2512i Z 3 4 S 6 7 8 9 lo 11 12 13 14 15 16 ~7 18 19 ~ 21 22 23 za 25 26 27 2s 29 30 31 32 within 5 days and to complete such abatement within 15 days from the date of the notice. Notices which are served personally or by certified mail shall be addressed to the Owner of the property at the address shown on the last available assessment roll, or as otnerwise known, SECTION THREE: At any time within 15 days from the date of posting and service of such notice, such Owner may appeal the decision of the Superintendent by filing an objection thereto in the Office of the City Clerk of said City> At the next public meeting of the Mayor and Commnon Council or on any date to which the hearing is continued, the Mayor and Common Council shall hear and consider objections to the proposed abatement of said nuisance and shall approve or reject any objections. If objections have not been made or have been rejected, the Co~on Council shall, by motion, order the Street Superintendent to cause such nuisance to be abated by having the rubbish, refuse, debris, waste material, and other matter including but not limited to rocks, bricks, soil, cement, building materials, machinery or parts thereof, tools, scrap metal and other pieces of inetal, ferrous or non-ferrous, furniture or parts thereof, inoperative vehicles or parts thereof, vegetation, cans, boxes, barrels, bottles, whether full or not, or stores of courm~ercial supplies, and other matter whether useable or not, removed; provided that the Owner shall first be allowed five days from the date of the said ordez to remove and abate ; the nuisance at his own expense. The Street Superintendent may ~, enter upon private property to abate the nuisanceo ~ SECTION FOUR: Z`he Street Superintendent shall submit to the Comanon Council an itemized report of the cost of abatement of each separate parcel of land and shall post a copy thereof on or near the door of the Council Chamber at City Hall, San Bernardino, at least 5 days prior to such submission. The Common Council shall consider the report with any ob- -2- 1 ORDINANCE NO.~x9~/~ y AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROHIBITING THE ACCUMULATION OF REFUSE AND CERTAIN OTHER MATERIAIS; AND PROVID- 3 ING FOR THE ABAT~NT THEREOF AND FOR PROCEDURES FOR NOTICE AND HEARING PERTAINING THERETO, 4 THE MAYOR AND CON1~fON COUNCIL OF THE CITY OF SAN BERNARDINO S DO ORDAIN AS FOLLOWS: 6 SECTION ONE: The accumulation of zubbish, refuse, debris, 7 waste material, and other matter including but not limited to rocks, g bricks, soil, cement, building materials, machinery or parts thereoi 9 tools, scrap metal and other pieces of inetal, ferrous or non- lo ferrous, furniture or parts thereof, inoperative vehicles or parts 11 thereof, vegetation, cans, boxes, barrels, bottles, whether full 12 or not, or stores of co~ercial supplies, and other matter whether 13 useable or not, in any yard, lot or upon any premises within the 14 City of San Bernardino where such use for said property is not 15 expressly provided for and permitted by law is hereby declared to 16 be a public nuisance and dangerous to public health and the safety 17 of the inhabitants of said City< Any suthorized employee of the 18 Building and Safety Department of said City shall have the right 19 to enter upon private property to determine whether such a public Zp nuisance exists. 21 SECTION TWO: The Superintendent of the Building & Safety ZZ Department of said City shall notify the owner, occupant or agent z3 thereof, or person in charge or control of the property, each ~q hereinafter referred to as "Owner", personally or by certified ZS mail of such accumulation, and shall conspicuously post such a6 notice in writing on any lot or premises upon which he determines Zq after investigation that such public nuisance existso Such notice Zg shall bear a title with the following words: "NOTICE TO CLEAN ~ PREMISES" in letters not less than one inch in length and which ~ shall, in legible characters, direct the abatement of the nuisance 31 and refer to this Ordinance for particulars. Such notice shall 32 require the Owner to commence the abatement of said nuisance 1 jections of property owners liable to be assessed for the abate- z ment, and shall confirm or modify the report by motion or re- 3 solution. 4 The cost of abatement in front of or upon each parcel of S land constitutes a special assessment thereono After the assess- 6 ment is made and confirmed it is a lien on said parcel and shall 7 be collected in the manner provided in Sections 39578 to 39584 g of the Government Code. y SECTION FIVE: In the event of an "urgent" public nuisance, lo it shall be the duty of the Superintendent of the Building and li Safety Department of said City, to notify the Owner of any lot 12 or premises to abate the same of all rubbish, refuse, debris, 13 Waste materials, and other matter including but not limited to 14 rocks, bricks, soil, cement, building materials, machinery or 15 p8rts thereof, tools, scrap metal and other pieces of inetal, ' 16 ferrous or non-ferrous, furniture or parts thereof, inoperative 17 vehicles or parts thereof, vegetation, cans, boxes, barrels, I I lg bottles, whether full or not, or stores of co~renercial supplies, iy and other matter whether useable or not. Such notic~ shall be I ao in writing and ehall be delivered to said Owner personally, or i Z1 shall be conspicuously posted on such lot or premises and if 22 such Owner shall neglect so to do, for 48 houre after service ~ Z3 or posting of such notice, then said Superintendent shall cause I, Zq said lot or premises to be cleared of all such rubbish, rcfuse, Zg debris, waste material, and other matter including but not ~ limited to rocks, bricks, soil, cement, building materials, ~ machinery or parts thereof, tools, scrap metal and other pieces Zg of inetal, ferrous or non-ferrous, furniture or parts thereof, Zq inoperative vehicles or parts thereof, vegetation, cans, boxes, 30 barrels, bottles, whether full or not, or stores of commercial k i 31 supplies, and other matter whether useable or not, and said 32 nuisance to be abated and the expense of such clearing, together -3- 1 with an inspection fee of not ~o~e than Ten ($10,00) Dollars g shall be a lien on said lot> The procedures to be followed with g respect to the assessment of the foregoing expense and fee shall 4 be the same as those set forth in Section Four hereof. The word s"urgent" public nuisance as herein employed shall mean whatever 6 is a menace to public health or safety or whatever constitutes a q fire hazard under conditions which would be judicially determined $ to be a nuisance per se or a nuisance in fact or where the des- 9i tzuction or removal of the objectionable items is reasonably nec- ~ essary under the circumstances to prevent iiunediate harm to the lo 11 public. It shall be the duty of the Superintendent to present 12 evidence to and obtain the approval of the Mayor and Co~on Council i3 Prior to the actual abatement of said nuisance. 14 SECTION SLK: Any person, partnership, firm or corporation 15 whether as principal, agent, employee, or otherwise, interfering, 16 obstructing or preventing or causing the interference, obstruction 1T or pzevention, of or with, the enforcement or performance of any 18 of the provisions of this Ordinance by the Superintendent of the 19 Building & Safety Department, the Street Superintendent oY other ~ authorized person shall be guilty of a misdemeanor, and upon a1 conviction thereof shall be puniahable by a fine of not more ZZ than Five Aundred Dollars ($500.00) or by imprisonment for a term z3 not to exceed six (6) months, or by both such fine and imprison- 24 ment. 25 SECTION SEVEN: Any person violating or permitting or y~ responsible for the violating of any of the provisions of this Zq Ordinance shall be guilty of a misdemeanor, and upon conviction ZS thereof shall be punished by a fine of not more,than Five Hundred Zy Dollars ($500.00) or by i.mprisonment in the City Jail'of~the ~ City of San Bernardino, or in the County Jail of the County of 31 San Bernardino, California, as the com~itting magistrate may 32 direct, for a period of not more than six (6) months, or by both .!~ _ i a 3 4 5 6 ~ s 9 10 11 iz 13 14 15 16 17 18 19 ~ 21 22 23 24 25 z6 27 28 ~ ~ 31 32 such fine and imprisonmento Every such person continuing, cormnitting, or permitting the violation of any provisions of this Ordinance shall be deemed guilty of a separate offense for each and every day or portion of any day during which any viola- tion of any provision of this Ordinance is cownitted or permitted. SECTION EIGHT: If any section, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinancee The Coa~non Council of the City of San Bernardino hereby declares that it would have pasaed and does hereby pass this Ordinance and each section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Conmon Council of the City of San Ber- nardino at a „ ~ ' i meeting thereof, held on the~~ay d~~ ~.~.~`~ ~ ~, 1963, by the following vote, to wit: ~ „ , AYES: Counci ~ NOES - AtS.J~LVl~: n ~G/~~.~~ ~ ~~ / / , ty @T C r~ ''"~ t~xegaing Ordinance is hereby approved this,~day o~`r r.' ',. ,l < 1963< ~ ~U( _ . ~-z:.:7 , e:'1:. i '.. . . ~. ~i .. ... Approved as to form: ~ ~ orney