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ORDINANCE NO. =?~
AN ORDINANCE OF THE CITY OF S~; ARDINO AMENDING ORDI-
NANCE NO. 3028 ENTITLED IN PART "AN ORDINANCE . .. . PROVIDING FOR
THE ABATEMENT OF PUBLIC NUISANCES . . .". DEFINING THE TERM
"PUBLIC NUISANCE". PROVIDING FOR NOTICE TO OWNERS OF LAND ADJOINING
A PUBLIC NUISANCE WHEN SUCH LAND HAS CAUSED OR CONTRIBUTED TO THE
CREATION OR MAINTENANCE OF SUCH PUBLIC NUISANCE. AND REQUIRING
THE FILING OF A RECOMMENDATION DIVIDING THE COSTS OF ABATEMENT
TO BE CHARGED AGAINST THE :&FFECTED PARCELS OF LAND.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 3028 Section 1 is hereby amended
9 to read as follows:
"SECTION L. Definition of Public Nuisance.. A tpublic
nuisancet shall mean anything constituting a hazard to life or
property as defined in Sections 3479 and 3480 of the Civil Code,
Section 370 of the Penal 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~ Ordinance No. 3028 Section 3 is hereby amended
25 to read as follows:
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"SECTION 3.. Notice and Order.. The City Engineer, Street
27 Superintendent, Zoning Enforcement Officer or other authorized
28 officer of the City of San Bernardino, hereinafter called city
29 officer, may issue a notice and order directed to the record owner
30 of, and any other person, firm or corporation having a known legal
31 interest in, the land or real property upon or in which a public
32 nuisance exists or which is adjoining and has. in part. directly
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1 or indirectly caused or contributed to the creation or maintenance
2 of such public nuisanceo The notice and order shall contain (1)
3 a street address, if any, and a legal description sufficient for
4 identification of said land or real property, (2) a statement that
5 the city officer has found the public nuisance to be hazardous
6\ or dangerous with a brief and concise description of the conditions
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7 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 complete 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 San Bernar-
dino may proceed to cause the work to be done and charge the
costs thereof against the property or its owners. and (5) state-
ments 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 Sad/Bernardino provided the appeal
is made in writing and as provided in this ordinance and filed
with the City 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 mattero"
SECTION 30 Ordinance Noo 3028 Section 9 Subsection (a) is
29 hereby amended to read as follows~
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"(a) The city officer shall keep an itemized account of
31 the expense incurred by the City in the repair or demolition of
32 ~y public nuisance done pursuant to the provisions of this
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~ ordinance.. Upon the completion of the work of repair or demolition
2 said city officer shall prepare and file with the City Clerk a
3 report specifying the work done) the itemized and total cost of the
4 work) a description of the real property upon which the public
5 nuisance is or was located) a recommended division of the costs
6 to be charged to and made liens upon the effected parcels of real
7 property together with explanations for charges against parcels
8 upon which work was not done) and the names and addresses of the
9 persons entitled to notice..1'
SECTION 4.. Ordinance No. 3028 Section 9 Subsection (d)
11 is hereby amended to read as follows:
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"(d) Upon the day and hour fixed for the hearing) the
13 Council shall hear and pass upon the report of the city officer
14 together with any such objections or protests. The Council may
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make such revision) correction or modification in the report or
the charges as it may deem just; and when the Council is satisfied
with the correctness of the charges) the report together with the
charges (as submitted or as revised) corrected or modified) shall
be confirmed or rejected. The decision of the Council on the
report and the charges) and on all protests or objections) shall
be final and conclusive,,"
SECTION 5.. 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 Common 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 anyone or more sections, sentences) clauses
or phrases be declared invalid or unconstitutional,.
SECTION 6. Emergency.. This ordinance is an emergency
32 and urgency measure necessary for the immediate preservation of
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11 the public peace, health or safety and shall go into effect
2 immediately upon its adoption and approval. The facts constituting
3 such emergency are ~
4 The incorporated area of the City of San Bernardino
5 experienced great and extraordinary amounts of rainfall during
6 January, February and March, 1969; the area was declared a major
7 disaster area by the President of the United States of America
8 and the Governor of the State of California as a consequence of
9 the resulting destruction, injury and damage; flooding and land-
10 slides have occurred; imminent and incipient landslides are now
11 anticipated to occur again in hillside areas due to the earlier
12 landslides and the saturated condition of the earth and anticipated
131 rainfalls; and extremely hazardous embankments and buildings
141 thereon th~eaten public streets, persons and property and should
15 be immediately abated as public nuisances.
16 I HEREBY CERTIFY that the foregoing ordinance was duly
17 adopted by the Mayor and Common Council of the City of San Bernar~
181 dino at ~~'./.~~L//"'A~meeting thereof held on the
191~~ay oflif/tA: ~-<....}, f{9~bY the following vote, to wit~ .
20 II AYES~ Councilmen ,(//jl4~ .ff~~h,.~ k--,
21 ~FZ v ~___/--x.LZ
22 NOES: C-"...---,../l.-'-.....~~A./
23 ABSENT:~.4.A"L-_.....:/....4~ ) .dA"___~~)
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The foregoing ordinance is hereby approved this,-.( ~ day
of ia/I-..A/;" ~ ~ l~
Approved as to form~
~~ff 0
. .~U:a~~
l.ty. ttorney
no
Ma
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FILED
DEe 2 oS 1969