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ORDINANCE NO~ ~i.)~?<:
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. 2512 ENTITLED IN PART, "AN ORDINANCE...PRO-
HIBITING THE ACCUMUlATION OF REFUSE AND CERTAIN OTHER MATERIALS;
AND PROVIDING FOR THE ABATEMENT THEREOF. . . "; PRESCRIBING THAT
CERTAIN OF SAID ACCUMUlATIONS SHALL BE PRIMA. FACIE EVIDENCE OF
PUBLIC NUISANCES; AND PROVIDING FOR THE SALE AT PUBLIC AUCTION
OF SAID MATERIALS WHEN SALVAGEABLE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION ONE: Ordinance No. 2512 Section One is hereby
amended to read as follows:
"SECTION ONE: The accumulation of 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 metal,
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 commercial supplies,
and other matter whether useab1e or not, in any yard, lot or
upon any premises within the City of San Bernardino where such
use for said property is not expressly provided for and permitted
by law is hereby declared to be a public nuisance and dangerous
to public health and the safety of the inhabitants of said City.
Any authorized employee of the Building and Safety Department of
said City shall have the right to enter upon private property
to determine whether such a public nuisance exists.
The prohibited accumulation of two or more of the above
said material or matter at or near the same place on the yard,
lot or premises with two or more of said other material or matter
shall constitute prima facie evidence of the existence thereon
of a public nuisance."
SECTION TWO: Ordinance No. 2512 is hereby amended by
adding thereto Section Four & One Half to read as follows:
"SECTION FOUR & ONE HALF: When any of said matter referred
to in Section One of this Ordinance or other materials have been
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removed from said yard, lot or premises pursuant to the foregoing
abatement procedures and have been determined by the Street
Superintendent to be salvageable, said matter and materials
shall be inventoried and held and retained by the Street
Superintendent for a period of at least six (6) months after
written notice that said matter and materials are being held at
a specified place for delivery to the owner thereof and a copy
of said inventory, have been served, by certified mail to the
last address of record, postage prepaid, or by personal delivery,
upon said owner.
In the event said owner does not take possession of and
remove at his own expense said matter and materials from the
place where stored by the Street Superintendent within six (6)
months after said service upon him, the City shall have a lien
against said matter and materials for storage charges for the
six (6) months period, and said matter and materials shall there~
after be appropriated for the use of the City of San Bernardino,
or disposed of if the storage charges exceed the market value of
said matter and materials, or sold at public auction as follows:
(a) Notice of such sale describing the matter and materials
in sufficient detail for its identification, shall be published
once by the Street Superintendent at least five (5) days before
the time fixed for said sale in a regularly published newspaper
of general circulation in said City.
(b) Said matter and materials offered for sale shall be
sold to the highest bidder for cash, provided that the Street
Superintendent may, at his discretion, fix a minimum sale price
and may refuse to sell unless said minimum price is offered.
(c) The proceeds of said auction sale or sales shall be
deposited with the City Treasurer of said City, placed in the
General Fund thereof, provided that in the event_the costs of
conducting said auction sale or sales and said storage charges
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1 are less than said proceeds, then the balance or difference
2 between said costs and the total proceeds shall be refunded to
3 the owner."
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I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a)!l /;~~4c'/I.d~j ~"Itd/r/ meeting thereof, held
on the /3d, day ~f ~I./.I1 ' 1964, by the
following vote, to wit: fj
AYES: /'
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NOES:
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ABSENT:
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tJ" r;z;--
/]/;;"/.?Jl .Jl ~ / ~.~
(jI ~ity Cl.erK
Ordinance is hereby approved this
/"i'zfi'day
of
Th~:7;ing
,
, 1964.
Approved as to form:
~~T~
. ttorney
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JUl 14 i964
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