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HomeMy WebLinkAbout3028 1 2 3 4 5 " 6 7 8 9, 101 nl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I 32 ORDINANCE NO. ~2P1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE ABATEMENT OF PUBLIC NUISANCES AND THE ASSESSING OF THE COSTS OF ABATEMENT AGAINST THE PROPERTY OWNERS, AND ADOPTING PORTIONS OF THE GOVERNMENT CODE REIATING THERETO.. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS ~ SECTION 1. Definition of Public Nuisance. A "public nuisance" shall mean anything constituting a hazard to life or property as defined in Section 3479 of the Civil Code, Section 7004 of Chapter 70 of the latest edition of the Uniform Building Code, 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, or which is a public nuisance under the common law or subject to abatement under the police powers of a municipality, or anything which is dangerous or hazardous to human life or property or which in relation to existing use constitutes a hazard to safety, health or public welfare by whatever cause occurring, including acts of God or nature. SECTION 2. Adoption of State Law. Government Code Section 38771 and Section 38773.5 and any amendments thereto are hereby adopted and shall be operative and effective in the City of San Bernardino. SECTION 3. Notice and Ordero The City Engineer, Street Superintendent, Zoning Enforcement Officer or other authorized officer of the City of San Bernardino, hereinafter called city I officer, may issue a notice and order directed to the record owner I ! of the land or real property upon or in which the public nuisance exists and to any other person, f~rm or corporation having a known legal interest therein. The notice and order shall contain a) a street address, if any, and a legal description sufficient for identification of the land or real property upon or in which the public nuisance is located, (2) a statement that the city officer I!I!"" 1 2 3 4 I 5 6 7 8 9, I I 10' nl I 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ' 31 32 II II II I r I has found the public nuisance to be hazardous or dangerous with a brief and concise description of the conditions found to render it dangerous; (3) a statement of the action required to be taken as determined by the city officer which may be to commence and complet the repair of the public nuisance within designated time limits or to commence and complete the demolition of the public nuisance within designated time limits and which shall include the securing of all required permits therefor; (4) statements advising that if any required repair or demolition work relating to the public nuisance is not commenced and completed within the times specified. the city officer or the Mayor and Common Council of the City of S Bernardino may proceed to cause the work to be done and charge the costs thereof against the property or its owners; and (5) advising that any person having any record title or legal interest in said land or real property may appeal from the notice and order or any action of the city officer to the Mayor and Common Council of the City of San Bernardino provided the appeal is made in writing and as provided in this ordinance and filed with the City I Clerk within fifteen (15) days from the date of service of such notice and order; and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. SECTION 4& Service and Recordation of Notice and Order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing of such notice and order by certified mail, postage prepaid. return receipt requtsted. to each such person at his address as it appears on last equalized assessment roll of the county or as known to the city officer& If no address of any such person so appears or is , I the I , I known to the city officer, then a copy of the notice and order shall be so mailed and addressed to such person at the address of . -2- . ... 10 11 ~ \ I I 1 said land or real property involved in the proceedings. The 2 failure of any such person to receive such notice shall not affect 3 the validity of any proceedings taken under this ordinance,. 4 Service by certified mail in the manner herein provided shall be 5 effective on the date of mailing. Proof of service of the notice 6 and order shall be certified at the time of service by a written 7 declaration under penalty of perjury executed by the person 8 effecting service, declaring the time, date, and manner in which 9 service was made~ The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall b~ affixed to the copy of the notice and order retained by the city 12 officer. If compliance is not had with the order within the time 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 29 30 31 32 specified therein. and no appeal has been properly and timely filed. the city officer shall file in the office of the County Recorder a certificate describing the property and certifying that a public nuisance exists on the real property and that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the public nuisance demolished so that it no longer exists on the property described in the certificate. the city officer shall file a new certificate with the County Recorder certifying that the public nuisance has been demolished or all required corrections have been made so that a public nuisance no longer exists. whichever is appropriate. SECTION 5. Posting of Notice and Order. On or about the time of the service of the notice and order the city officer shall post conspicuously on said land or real property at least one copy of the notice and order to abate or repair the public nuisance with a title containing letters one inch high. SECTION 6.. Appeal. Any person entitled to service under this ordinance may appeal from any notice and order or any action of the city officer under this ordinance by filing at the office . I I' I -3- 10 11 12 13 14 15 16 17 18 19 24, I 25 26 27 28 291 30 31 32 1 2 of the City Clerk of the City of San Bernardino within fifteen (15) days from the date of the service of such order, a written appeal containing (1) a brief statement setting forth the legal interest of each of the appellants in the real property or the land involve in the notice and order; (2) a brief statement in ordinary and con cise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; (3) a brief statement in ordinary and concise't"'language of the relief sought, and the reasons why it is claimed the pro= tested order or action should be reversed, modified, or otherwise set aside; (4) the signatures of all parties named as appellants, and their official mailing addresses; and (5) the verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (a) Upon receipt of any appeal filed pursuant to this section, the City Clerk shall present it at the next regular, adjourned regular or special meeting of the Mayor and Common 3 4 5 6 7 8 9 Council. 20 21 (b) As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time and place for the hearing of the appeal by the Mayor and Common Council... Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the City Clerk9 Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the City Clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid$ addressed to the appellant at his address shown on the appeal. (c) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver 22 23 . =4= l1li'" 27 28 29 30 31 32 , r I 1 of his right to an administrative hearing and adjudication of 2 the notice and order or any portion thereof. 3 (d) Enforcement of any notice and order of the city officer 4 issued under this ordinance shall be stayed during the pendency of 5 an appeal therefrom which is properly and timely filed. 6 7 (e) The notice to appellant shall be substantially in the following form, but may include other information: '~ou are hereby notified that a hearing will be held before the Mayor and Common Council of the City of San Bernardino at 8 9 101 I I II' I 12 13 14 15 16 17 day of on the "', .1Ilo, upon the notice and 19___, at the hour of order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross- examine all witnesses testifying against you to show cause why the order served upon you should not be carried out." (f) The hearing need not be conducted according to the technical rules relating to evidence and witnesses, and the Mayor and Common Council shall hear and accept all relevant evidence offered by the appellant involved. The Mayor and Common Council shall within a reasonable time after the conclusion of the 18 19 20 21 22 23 24 25 26 hearing render its decision in writing. The decision shall state the reasons therefor, and shall be delivered to the appellant personally or sent to him by certified mail~ postage prepaid, return receipt requestedo The effective date of the decision shall be on the date of the mailing or personal service of said decision. The decision of the Mayor and Common Council shall be final. SECTION 7. Failure to obey a Misdemeanor. After any order or decision of the city officer or Mayor and Common Council made pursuant to this ordinance shall have become final~ no person . -5- 1 2 3 4 5 6 7 8 9 I 'i 101 11, 121 13 24 25 to whom any such order or decision is directed shall fail, neglect,1 or refuse to obey any such order or decision. Any such person I who fails to comply with any such order or decision shall be deemed, guilty of a misdemeanor and, upon conviction thereof, punishable as provided in Section 10 of this ordinance.. SECTION 8~ AbatementG If, after any order or decision of the city officer or the Mayor and Common Council made pursuant to this ordinance has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the Mayor and Common Council may institute any appropriate action to abate such public nuisanceG 14 15 SECTION 9G Recovery of CostsG (a) The city officer shall keep an itemized account of the expense incurred by the City in the repair or demolition of / any public nuisance done pursuant to the provisions of this 16 i ordinance.. Upon the completion of the work of repair or demolition~ 17 I said city officer shall prepare and file with the City Clerk a i , 18 I report specifying the work done, the itemized and total cost of the I , , 19 work, a description of the real property upon which the public 20 nuisance is or was located, and the names and addresses of the 21 persons entitled to notice. 22 (b) Upon receipt of said report, the City Clerk shall fix 23 a time, date and place for hearing said report, and any protests or objections thereto~ The City Clerk shall cause notice of said hearing to be posted upon the property involved and served by 261 certified mail, postage prepaid, addressed to the owner of the 27 28 29 30 31 32 property as his name and address appear on the last equalized assessment roll of the County, if such so appears, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour and place when the Mayor and Common Council, hereinafter called . -6~ il II I 1 2 3 4 5 6 7 8 9 10 I '1 ni 12 13 14 15 16 171 18 19 201 21 22 23 24- 25 26 I 27 I 28 29 I 30 31 321; , Council, will hear and pass upon the city officerts report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed chargee In the event the Council determines to pay said costs out of City funds, the provisions of this section may be waived.. (c) Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the city officere Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objectione The City Clerk shall endorse on every such protest or objection the date it was received by hiw. He shall present such protests or objections to the Council at the time set for the hearing, and no other protests or objections shall be considered'e v' (d) Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the city officer together with any such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be confirmed or rejectede The decision of the Council on the report and the charge, and on all protests or objections, shall be final and conclusive. (e) The amounts of the report and charges so approved shall be liens upon the respective lots or premises. The Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. . -7- . 10i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 (f) The City Clerk shall prepare and file with the County Auditor of the County of San Bernardino a certified copy of the said resolution of the Council. (g) The City Treasurer of the City of San Bernardino may accept payment of any amount due at any time prior to the Council hearing, as provided hereinabove. 3 4 5 6 7 (h) The provisions of Sectiom 38773.5 and 39580 to 39585, inclusive, of the Government Code, as they exist and as they may be subsequently amended, are incorporated by reference and made a part of this section. The County Auditor shall enter each assessment in the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner for ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as is provided for ordinary municipal taxes. 8 9 SECTION 10. Penalty~ Any person, partnership, firm or corporation whether as principal, agent, employee, or otherwise, I interfering, obstructing or preventing or causing the interference,i obstruction or prevention, of or with, the enforcement or per- formance of any of the provisions of this ordinance by the city officer or other authorized person shall be deemed guilty of a misdemeanor, and upon conviction 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 imprisonment. SECTION 11. Validity. 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 Connnon Council of the City of San Bernardino hereby declares that it would have passed and does hereby pass this ordinance . -8- 24 25 26 AYES: Councilmen ;J2I.('L'Mn/./1. A'Jn/lJ7hh" ;:zfu.AU1/, 27 ~Y>f, &;17/774 28 NOES: ~NJ/lW'fj'?/l/D/ A~/k<: ~/Z/.WJA/ 14 15 161 171 1811 1911 ! 20 i I 21' i 221 23 I 29 30 31 32 and each section, sentence, clause and phrase hereof, irrespective J. 2 3 of the fact that anyone or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. 4!1 51 ,I , 6, SECTION 12. Emergency. 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 approval. The facts constituting such 7! 'i emergency are: 81' II The incorporated area of the City of San Bernardino experi- 9 I, Ii 1.1 enced great and extraordinary amounts of rainfall during January, 10 II February, and March, 1969; the area was declared a major disaster 111,"1 area by the President of the United States of America and the 1211.1 Governor of the State of California as a consequence of the 13 resulting destruction, injury and damage; flooding and landslides have occurred; imminent and incipient landslides are now anticipated to occur again in hillside areas due to the earlier landslides and the saturated condition of the earth and anticipated rainfalls; and extremely hazardous embankments and buildings thereon threaten public streets, persons and property and should be immediately abated as public nuisances. 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 /n/ A~i/J/7U<l /V?dn~J the 1lIh) day of ",6h.dJ1L.//J/' meeting thereof, held on , 19~, by the following vote, to wit: ABSENT: 'fl.nt;/ . ~~ . ......~ . . . . C C er - 9 - . ... I- I 1 The foregoing ordinance is hereby approved this ~I day AAI'M71Jd/J) I 19~. 2 of 3 4 5 6 7 ""/-, C4; ~ Mayor 0 the City 0 an ern ino Approved as to form: 8 9 J(~ ~/A(~~./ City orney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25/ 26 27 28 29 30 31 32 . FILED DEe 9 1969 "~E GQFORT.... __ ~ at< ~ .._.... .