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ORDINANCE NOg ~1 c: c2 f
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 2291 ENTITLED IN PART~ "AN ORDINANCE i"o '0 DECIARING BUIIDINGS
WHICH ARE STRUCTURALLY UN::;AFE OR HAZARDOUS TO THE PUBLIC SAFETY,
HEALTH OR WELFARE TO BE PUBLIC NUISANCES '0. ".
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLI.CMS:
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SECTION ONE: Ordinance No. 2291 Section Four is hereby
7 amended to read as follows:
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"SECTJ:ON FOUR: At the time fixed in the Notice, the Board
9 of Building Commissioners of the City of San Bernardino shall
10 proceed to hear the testimony of the Building official and his
11 assistants and representatives and other competent persons who
12 may be present and desire to testify respecting the condition of
13 the building, the estimated cost of its reconstruction, repair,
14 or removal, and any other matter which the Board of Building
15 Commissioners may deem pertinent thereto" Upon the conclusion
16 of the hearing, the Board of Building Commissioners may by
17 resolution declare its findings and, in the event it so concludes,
18 it may declare said buildings to be a nuisance and direct the
19 owner to abate the same within fifteen (15) days after the date
~ of posting on the premises a Notice of the passage of the
21 resolution, by haVing the same razed or removed and may notify the
22 owner that if the nuisance is not abated, the building will be
23 razed, demolished, and removed by the City of San Bernardino or
~ by person or persons authorized by the Building Official and the
25 expense thereof made a lien on the lot or parcel of land upon
26 which the building is located. The Board may further declare
27 that the owner, occupant, lessee, or other person in possession
28 must vacate said building or structure, or that he may remain in
~ possession while repairs are being madeo The Board may further
~ declare, after its order to repair, vacate, raze, or demolish has
31 not been complied with within the time set by the Board, that the
32 maGerial of any such building or structure be sold after notice in
1 any manner which the Board may determine to be reasonable; provided
2 that any such sale shall be upon condition that the wreckage and
3 debris shall be removed and the lot cleaned. Any surplus from
4 the sale of such building or structure over and above the cost of
5 demolition and of cleaning the sites shall be retained to be
6 distributed to the parties lawfully entitled thereto. The proceeds
7 and monies from such sale shall be used) whenever possible, to re-
8 duce the cost of razing and demolition of the building or structure
9 Within ten (10) days after the premises are posted) the Clerk of
10 the Board of Building CommissUnemshall send copies of the
11 resolution to the owner and other persons in interest as herein-
12 before set forth and in like form and manner. Two copies of the
13 resolution shall also be forwarded to the City Clerk for trans-
14 mitting to the Mayor and Common Council."
15 SECTION TWO: Ordinance 2291 Section Five is hereby amended
16 to read as follows:
17 "SECTION FIVE: Whenever any person is aggrieved by any final
18 order of the Board of Building Commissioners concerning correction
19 of substandard conditions or the abatement of a nuisance, such
~ person may within ten (10) days after notice of such ruling or act
21 has been mailed as hereinabove provided, appeal to the Common
22 Council by filing with the City Clerk a written statement of the
23 rulings or acts complained of and the reasons for taking such
24 appeal. The City Clerk shall thereupon refer such appeal to the
25 Common Council at its next regular or adjourned regular meeting
~ and the Council shall thereupon fix a time for the hearing of
27 said matter by the Council) which time shall be not less than ten
28 (10) days nor more than thirty (30) days from the time the appeal
29 was filed. On the date thus fixed) or on the date to which said
~ hearing shall have been continued, the Council shall proceed to
31 hear and consider the evidence relating to said matter and shall
32 make and enter in its minutes its final determination therein. The
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Council may confirm; modify or set aside the findings of the Board,
and its determination in the matter shall be final and conclusive.
No proceeding or action shall lie against the City nor against the
Council nor the Board nor any member of either thereof, nor against
any officer, agent, or employee of the City to review or enjoin
the enforcement of its determination or orders of the Council made
pursuant hereto, or to recover damages for carrying out such orders
in a lawful and reasonable manner, unless such action is commenced
within thirty (30) days from and after service of notice of the
findings and determination of the Council.
Notice of the determination of the Council shall be served
by the City Clerk upon the person, or persons, making the appeal
in the manner elsewhere provided herein for the mailing of notices.
The effect of any order from which an appeal is taken as
herein provided shall be suspended and of no force or effect until
such appeal is fully determined."
SECTION THREE: Ordinance No. 2291 Section Six is hereby
amended to read as follows:
"SECTION SIX: In the event the nuisance is not abated by
the owner within the time prescribed, the Street Superintendent
is authorized to raze, demolish, and remove the building or to
designate an independent contractor to raze, demolish, and remove
such building. The Street Superintendent shall keep an itemized
account of the expenses involved in the actual razing, demolishing,
and removing of such building, as well as incidental and overhead
expenses related thereto. The Street Superintendent shall submit
this itemized statement to the City Clerk, who shall set a date
for hearing on the statement by the Council and shall mail a copy
of the statement to the person owning the land, and to any
mortgagee or lienholder, along with a notice of the time and place
the statement shall be submitted to the Common Council. The City
Clerk shallppet a copy of the statement on or near the door of the
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Council Chamber at the City Hall, San Bernardino, at least five
(5) days prior to such submission."
I HEREBY CERTIFY that the foregoing Ordinance was
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duly adopted by the Mayor and Common Council of the City of San
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/ g, ,f/' meeting thereof, held
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"//~?IN/~I"?/' , 1964, by the follow-
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Bernardino, at a
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on the. 7[j day
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ing vote, to wit:
AYES: Councilmen
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NOES:
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~G:~~
(jI Ci f'ym:erk .'
;hereby ~pprove~he foregoing Ordinance this ~ ~y of
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LcfL , 1964
~.. -c.~.e ~.tlllC"i.<- (J
Mayor of the City of San Bernardino
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Approved as to form:
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y Attorney
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