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ORDINANCE NO.~~K~~~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE
S[7MI~fARY ABATEMENT OF PUBLIC NUISANCES AND THE ASSESSING OF THE COSTS
OF ABATEMENT AGAINST THE PROPERTY OWNERS; AND ADOPTING PORTIONS OF
THE GOVERNMENT CODE RELATING THERETO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLIAWS:
SECTION lo An "urgent public nuisance" shall mean anything
constituting an immediate hazard to life or property as defined
in Section 3479 of the Civil Code, Section 7004 of Chapter 70 of
the Uniform Building Code, 1967 Edition, Section One of Ordinance
No. 2291 or anything defined as a public nuisance by any other
ordinance of the City of San Bernardino or law of the State of
California or by any court of competent jurisdiction and which
should be su~narily abated.
SECTION 2o Government Code Sections 38771 through 3877305
are hereby adopted and shall be operative and effective in the
City of San Bernardinoo The Mayor and Common Council may order
the summary abatement of, or the Street Superintendent or other
authorized City officer, contractor or person may abate summarily,
~any urgent public nuisanceo
SECTION 3a The expense of the abatement of said nuisance
by said City shall be a personal obligation of the person or
persons creating, causing, committing or maintaining it or of the
owner of the property on which said nuisance exists. Said person
or persons shall be indebted to the City of San Bernardino in the
amount of such e~ense. Such indebtedness shall not be art exclu-
sive remedy or penalty but shall supplement and be in addition
to any other remedy, criminal enforcement or regulatory procedure
provided by law or under which the City may pursue or proceed,
SECTION 4o The Mayor and Common Council may make the cost
o£ abatement of an urgent public nuisance upon a parcel of land
a special assessment against that parcel.
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The Street Superintendent or other authorized City officer,
contractor or person shall submit to the Mayor and Common Council
an itemized report of the cost of abatement of said nuisance on
each 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
five (5) days prior to such submission.
The Co~on Council shall consider the report with any
objections of property owners liable to be assessed for abatement~
and shall confirm or modify the report by motion or resolution.
The cost of abatement in front of or upon each parcel of
land constitutes a special assessment thereon. After the assess-
ment is made and confirmed, it is a lien on said parcel and shall
be collected in the manner provided in Sections 39578 to 39584
of the Government Code.
SECTION 5a Any person, partnership, firm or corporation
whether as principaly agent, employee~ or otherwise, interfering,
obstructing or preventing or causing the interference, obstruction
or prevention~ of or with, the enforcement or performance of any
of the provisions of this Ordinance by the Street Superintendent,
the Superintendent of the Building and Safety Department or other
authorized person shall be guilty of a misdemeanor, and upon con-
viction thereof shall be punishable by a fine of not more than
five hundred dollars ($500<00) or by imprisonment for a term not
to exceed six (6) months, or by both such fine and imprisonmento
SECTION 6o 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 Ordinance. The Cou~on
Council of the City of San Bernardino hereby declares that it
would have passed 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 unconstitutionalo
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SECTION 7. This ordinance is an emergency and urgency
measure necessary for the immediate preservation of the public
peace,' health or safety and shall go into effect immediately upon
its adoption and approvalo The facts constituting such emergency
area
The incorporated area of the City of San Bernardino has
experienced great and extraordinary amounts of rainfall during
January and February, 1969; the area has been declared a major
disaster area by the President of the United States of America and
the Governor of the State of California as a consequence of the
resulting injuries and damages; flooding and landslides have
occurred; imminent and incipient landslides are anticipated in
hillside areas due to the saturated condition of the earth; and
extremely hazardous embanlanents and buildings thereon threaten
public streets, persons and property and should be immediately
abated as public nuisanceso
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at
of
AYES:
meeting thereof, held on the
69 by the following vote, to wit:
NOES : ~"i,~--- U ..
~
ABSENT• ~~r_p
,~~,
- ~~~~~ity er c
he foregoing ordinance is hereby approved this~~day
of 9" 19690
,`O ( /
Ntayor o t e ity o a ernar ino
Approved as to form: F I L~ D
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City torn y f kki 2 51yti9
T. FELTON, CoYy Clerk
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