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1 I ORDINANCE N0.
2 'i
ORDINANCE OF THE CITY OF SAN BERNA INO PROVIA ING FOR THE
~ ABATEMENT OF PROPERTY NUISANCES AND THE ASSESSMENT OF THE COSTS
3 'r OF ABATEMENT..
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO OSDAIN AS FOLLOWSo
5
6 SECTION 1. It is hereby declared a public nuisance for
7 any person, partnership, firm or corporation, owning, leasing,
g occupying or having charge of any premises in the City of San
9 Bernardino used or zoned for commercial or manufacturing pur-
10 III poses to maintain such premises in such manner that any of the
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11 'I following conditions are found to exist; provided, however,
12 that this section shall not apply to premises within a commer-
13 cial or manufacturing zone that are used as dwellings as that
14 term is def fined in City Ordinance 1991, Section 2:
15 (a) Buildings which are abandoned, partially destroyed,
16 or permitted to remain unreasonably in a state of partial con-
17 struction;
18 (b) Unpainted buildings causing dry rot, warping and
19 termite infestation;
20 (c) Overgrown trees and other vegetation causing detri-
21 ment to neighboring properties or property values;
22 (d) Dead, decayed, diseased or hazardous trees, weeds and
23 other vegetation or exterior landscaping constituting an un~
24 sightly appearance, or dangerous to public safety and welfare,
25 or detrimental to nearby property or property values;
26 (e) Inoperable or abandoned motor vehicles except as per-
27 mitted by Ordinance No, 2969;
28 (f) Garbage and refuse cans stored in outside areas for
1 an unreasonable period of time and visible from public streets,
2 except as permitted by the Superintendent of the Refuse and
3 i Disposal Department;
4 j (g) Packing boxes and other debris stored in outside
5 ~ areas for unreasonable periods of time and visible from public
6 streets, or causing detriment to neighboring properties;
7 i~ (h) Broken windows constituting hazardous conditions;
8 (i) Maintenance of premises in such condition as to be
9 detrimental to the public health, safety or general welfare,
10 or in such manner as to constitute a public nuisance as defined
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11 by Civil Code Section 3479 and 3480;
12 (j) The anission of noise of such loud, unusual, unneces-
sary, penetrating, raucous or boisterous nature as to unreason-
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ably disturb, annoy, injure, interfere with or endanger the
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comfort, repose, health, peace, safety or welfare of adjacent
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property owners or occupiers of normal sensitivity;
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17 (k) Property maintained in such condition as to become
so defective, unsightly, or in such condition of deterioration
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or disrepair that the same causes appreciable diminution of
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the property values of surrounding properties or is materially
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detrimental to proximal properties and improvements, This
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includes, but is not limited to, the keeping or disposing of,
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or the scattering over the property or premises, including
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sidewalks, of any of the following:
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1. Lumber, junk, trash or debris;
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2. Abandoned, discarded, or unused objects or
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equipment such as automobiles, trailers, campers, boats, bus
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bodies, and similar objects or equipment;
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1 3o Any device, decoration, design, fence, structure,
2 or vegetation which is unsightly by reason of its condition
3 or its inappropriate location; I
4 4e Wood or paper signs in deteriorating condition; li
5 i 5o Any wall, fence or hedge; ~
6 (1) Maintenance of premises so out of harmony or confor-
7 mitt' with the maintenance standards with adjacent properties
g as to cause substantial diminution of the enjoyment, use, or
9 property values of such adjacent properties;
10 (m) Property maintained (in relation to others) so as to
ii establish a prevalence of depreciated values, impaired invest-
12 ments, and social and economic maladjustments to such an extent
13 that the capacity to pay taxes is reduced and tax receipts from
14 such particular area are inadequate for the cost of public
15 services rendered therein;
16 (n) Any premises which are painted in an extremely vivid
17 and garish manner or which contain signs of such size or quan-
18 tity or which depict persons, things, or acts in such a
19 manner as to be unreasonably or unnecessarily injurious and
20 detrimental to other properties and improvements in the
21 vicinity or which contain election campaign posters and bill-
22 boards or signs, billboards or placards advertising a circus,
23 carnival, sporting or similar event and which remain 45 days
24 after such election or event has been concluded;
25 (o) Any vacant, commercial or industrial property on
26 which are located signs related to uses no longer conducted or
products no longer sold on the premises, provided that outdoor
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28 advertising displays which are located in permitted zoning
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1 ~ districts or which are otherwise legally permitted are excepted
2 herefrom.
3 SECTION 2, All or any part of any premises found, as
4 provided herein, to constitute a public nuisance shall be abated
5 by rehabilitation, demolition or repair pursuant to the proce-
6 I dares set forth herein, The procedures set forth herein shall
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7 (not in any manner, however, limit or restrict the City from en-
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8 forcing City ordinances or abating public nuisances in any other
9 manner provided by law.
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10 ~j SECTION 3. Whenever the Superintendent of the Building and
11 (Safety Department of the City of San Bernardino, or his represen-
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12 ~tative, hereinafter called "Building Official," determines that
13 lany premises are maintained contrary to one or more of the provi-
14 sions of Section 1, he shall give to the owners of record as
15 'appear on the latest tax assessment rolls written notice stating
16 (the defects thereof. This notice shall require the owner to com-
17 mence the required demolition, repairs or rehabilitation of such
18 nuisance on the premises within ten (10) days and to complete such
19 work within sixty (60) days from the date of notice unless other-
wise stipulated by the Building Official.
20
21 The notice shall be served upon all persons entitled
22 (thereto, either personally or by certified mail. Service by
23 certified mail shall be effective on the date of mailing if a
certified letter containing a copy of such notice is duly
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mailed, postage prepaid, return receipt requested, to each such
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person at the address of such person as it appears on the last
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equalized assessment roll of the County or as known to the
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Building Official, If no such address so appears, or is known
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to the Building Official, then a copy shall be addressed to
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1 such person at the address of the building or structure in-
2 volved in the proceedings. The failure of any owner or other
3 person in interest to receive such notice shall not affect in
4 any manner the validity of any proceedings taken hereunder.
5 The Building Official shall also post conspicuously at least
6 ' one copy of a notice (bearing title letters one inch high;
7 "NOTICE TO ABATE NUISANCE") on the building or structure or
8 premises alleged to constitute a public nuisance as defined
9 herein.
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10 SECTION 4. If the owner of the premises does not comply
11 ~ with said notice by commencing the required work within the time
12 allowed or make such other arrangements as may be satisfactory
13 to the Building Official, the Building Official shall there-
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14 upon serve personally or by certified mail as provided above
15 the following form of notice to the owner and a copy to any
16 ~ lien, mortgage or trust deed holder or lessee as may be deter-
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1~ mined by the Building Official or as may appear from a title
ig search obtained from a title company, the cost of said title
19 search to be charged to the owner in the same manner and using
20 the same procedure as all other costs incurred by the City
21 which are to be charged to the owner as set forth in this
22 ordinance.
23 NOTICE OF HEARING BEFORE THE
24 BOARD OF BUILDING COMMISSIONERS
25 OF THE CITY OF SAN BERNARDINO.
26 The owner of the premises situated at
27 is hereby notified to appear before
28 the Board of Building Commissioners of the City of
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1 San Bernardino at its meeting to be held on
2 at the Council Chambers,
3 City Hall, 300 North "D" Street, San Bernar-
4 dino, California, at the hour of
5 'i or as soon thereafter as he may be heard, and
6 show cause, if any, why said premises should
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7 not be condemned as a public nuisance and said
8 nuisance be abated by the City of San Bernar-
9 ~ dino by demolishing, repairing or rehabilita-
10 ting same and charging the costs thereof to the
11 owner as provided in Ordinance No. .
12 The sum of costs incurred to date and the
13 alleged defects of the building are set forth
14 I' in Exhibit "A" attached hereto and incorporated
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15 herein by reference,
16
C er to t e Boar o Bui ding
17 Commissioners for the City of
San Bernardino
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19 SECTION 5. At the time stated in the notice the Board of
20 Building Commissioners of the City of San Bernardino shall
21 herein consider all relevant evidence, objections or protests,
22 and shall receive testimony from owners, witnesses, City person-
23 nel and interested persons relative to such alleged public
24 nuisance and to the proposed demolition, rehabilitation or
25 repair of such nuisance on such premises. Said hearing may be
26 continued from time to time.
27 Upon the conclusion of the hearing, the Board of Building
28 Commissioners may continue the proceedings or may by resolution
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declare its findings and conclusions and, in the event it so
2 concludes, it may declare said premises to be a public nuisance
3 and may direct the owner to commence abatement of the same it
4 within ten (10) days after the date of posting on the premises
5 a notice of the passage of the resolution and to complete said
6 abatement within sixty (60) days thereafter by having the same
7 properly reconstructed, repaired or removed, and may notify
8 the owner that if the nuisance is not abated, the nuisance will
9 be removed, repaired or rehabilitated by the City of San Bernar-
10 dino or by the person or persons authorized by the Building
it Official and the expense thereof made a lien on the lot or
12 parcel of land upon which a nuisance is located, I
13 Within ten (10) days after the premises are posted, the ~
14 C lerk of the Board of Building Commissioners shall mail copies
15 of the resolution to the owner and other persons in interest to
16 the addresses shown on the latest equalized assessment rolls or
17 as known by the Building Official. Two copies of the resolu- ~
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lg tion shall be forwarded to the City Clerk for transmitting to
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19 the Mayor and Common Council. Failure to mail or forward said
20 copies shall not affect the validity of the proceedings,
~ 21 In the event the public nuisance is abated by the owner
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22 within the time prescribed by the Board of Building Commission- I
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23 ers or prior to its hearing but subsequent to the time limits
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24 allowed by the Building Official in his notice as provided
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25 herein and the incurring of expenses by the Building Official
26 including the costs of any title search, and administrative,
27 overhead and incidental expenses, the Board of Building Com-
j 28 missioners may proceed with the noticed hearing to consider
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1 whether, or may further declare by resolution that, as may be
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2 i the case, such expenses and other relevant costs shall be made
3 i a lien on the lot or land upon which the nuisance was located i
4 and become a debt owed to the City by the owner. After the
5 making of such declaration, the Building Officials shall sub-
6 mit an itemized statement of such costs and expenses to the
7 I City Clerk who shall follow the procedures set forth in
8 Section 7 hereof relating to notice and hearing. The hearing
9 and subsequent proceedings and procedures shall be governed
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10 by the provisions of Section 8 hereof,
it SECTION 6. Whenever any person is aggrieved by any final
12 ~ order of the Board of Building Commissioners concerning the
13 ~ abatement of a nuisance, such person may within ten (10) days
14 after notice of such ruling or act has been mailed as herein-
15 above provided, appeal to the Common Council by filing with
16 ~ the City Clerk a written statement of the rulings or acts
17 complained of and the reasons for taking such an appeal. The
lg City Clerk shall thereupon refer such appeal to the Common
19 Council at its next regular or adjourned regular meeting and
20 the Council shall thereupon fix a time for the hearing of said
21 matter by the Council, which time shall be .not less than ten
22 ~ (10) days nor more than thirty (30) days from the time the
23 appeal was filed. On the date thus fixed, or on the date to
24 which said hearing shall have been continued, the Council shall
25 proceed to hear and consider the evidence relating to said
26 matter and shall make and enter in its minutes its final deter-
27 urination therein. The Council may confirm, modify or set aside
28 the findings of the Board, and its determination in the matter
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1 ~ shall be final and conclusive, No proceeding or action shall II
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2 lie against the City nor against the Council nor the Board nor
3 any member thereof, nor against any officer, agency, or employee)
4 of the City to review or enjoin the enforcement of its deter-
5 urination or orders of the Council made pursuant hereto, or to
6 recover damages for carrying out such orders in a lawful and
7 reasonable manner, unless such action is commenced within
g thirty (30) days from and after service of notice of the find-
9 ings and determination of the Council.
10 Notice of the determination of the Council shall be
11 served by the City Clerk upon the person, or persons, making
12 the appeal in the manner elsewhere provided herein for the
13 mailing of notices.
14 The effect of any order from which an appeal is taken as
15 herein provided shall be suspended and of no force or effect
16 until such appeal is fully determined.
17 SECTION 7. In the event the nuisance is not abated by
18 the owner within the time prescribed, the Street Superintendent
19 or other city officer is authorized to remove, rehabilitate or
20 repair the premises or to designate an independent contractor
21 to do so and he shall keep an account of the cost (including
22 incidental expenses) of abating such nuisance on each separate
23 lot or parcel of land where the work is done and shall render
24 an itemized report in writing to the City Clerk showing the
25 cost of the abatement and the removing, rehabilitating or
repairing of the nuisance on said premises and the deduction
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of any salvage value relating thereto. The City Clerk shall
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set a date for hearing on the statement by the Council and
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1 shall mail a copy of the statement to the person owning the
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2 land, and to any mortgagee or lien holder, along with notice i
3 of the time and place the statement shall be submitted to the
4 Common Council. The City Clerk shall post a copy of the state-
s ment on or near the door of the Council Chambers at least five
6 days prior to such submission. The term "incidental expenses"
'1 shall include, but not be limited to, the actual costs and
8 expenses of the City in the preparation of notices, specifica-
9 tions and contracts, a preliminary title search of the property,
10 if obtained, inspections of the work, and the costs of printing
11 and mailing as required herein.
12 SECTION 8. At the time fixed for the hearing of the
13 statement of expense the Council shall consider the statement
14 together with any objections or protests which may be raised by
15 any of the property owners liable to be assessed for the doing
16 of the work and by any other interested person and thereafter
1~ by resolution the statement as submitted or as ordered. revised,
ig corrected or modified by the Council, shall be confirmed and
19 adopted and if such statement is not paid within five days
20 after the passage of the resolution it shall constitute a lien
21 on the real property upon which the public nuisance existed
22 and shall be collected as a special assessment against the
23 real property. The resolution shall further direct that the
24 City Clerk should file with the County Auditor, the County
25 Assessor and the Tax Collector of San Bernardino County, certi-
26 fied copies of the resolution and the statement adopted therein.
27 The Clerk should direct the Auditor to enter the amounts of the
28 charges against the real property described in the statement
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1 and resolution as it appears on the current assessment roll.
2 The amount of the charge shall constitute a lien against the
3 real property against which the charges have been imposed,
4 The Tax Collector shall include the amount of the charges on
5 bills for taxes levied against the real property. Thereafter,
6 the amount of the charge shall be collected at the same time
7 and in the same manner and by the same persons as, and together
8 with and not separately from, the general taxes for the City i
9 of San Bernardino are collected and shall be subject to the
10 same penalties and interests upon delinquent payment.
11 SECTION 9. After any order or decision of the Building
12 Official or Board of Building Commissioners made pursuant to
13 this ordinance shall have become final, no person to whom any
14 such order or decision is directed shall fail, neglect, or
15 refuse to obey any such order or decision. Any such person
16 who fails to comply with any such order or decision shall be
1~ deemed guilty of a misdemeanor and, upon conviction thereof,
lg punishable as provided in Section 10 of this ordinance.
19 SECTION 10. Any person, partnership, firm or corporation
20 whether as principal, agent, employee, or otherwise, inter-
21 fering, obstructing or preventing or causing the interference,
22 obstruction or prevention, of or with, the enforcement or per-
23 formance of any of the provisions of this ordinance by the
24 Street Superintendent or other authorized person shall be
25 deemed guilty of a misdemeanor, and upon conviction thereof
26 shall be punishable by a fine of not more than $500 or by
27 imprisonment for a term not to exceed six months or by both
28 such fine and imprisonment,
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1 SECTION 11. If any section, sentence, clause or phrase
2 I of this ordinance is for any reason held by a court of compe-
3 tent jurisdiction to be invalid, such decision shall not effect
4 j the validity of the remaining portions of this ordinance, The
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5 ~ Common Council of the City of San Bernardino hereby declares
6 ' that it would have passed and does hereby pass this ordinance
7 and each section, sentence, clause and phrase hereof, irres-
8 pective of the fact that any one or more sections, sentences,
9 clauses or phrases be declared invalid or unconstitutional,
10 ~ I HEREBY CERTIFY that the foregoing ordinance was duly
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11 adopted by the Mayor and Common Council of the City of San Ber- I'
12 nardino at a ~.,~,%:J~/ ~ meeting thereof, held on the
13 ~ day / ~ " ~ , 19~ by the following
14 vote, to wit:
l; ° .
15 AYES : Councilmen~~„~f i. ~/f.'"-~~ r;~?!~'
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16 = -
17 NAYS : i ~ 'J" ~ ~"°1f~-~ ~~..L ~
18 i ABSENT : t„c,~s-,~~zli.~~,- ~!,~~t r /
19 - t~ r I
City'C rc ~
20 i
The foregoing ordinance is hereby approved this
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day of , 19~~Lo f
22 /
23 ~
24 Mayo t e City
o~San Bernar ino
25 Approved as to form: `
26 ~ ~ ,
~ '
27 ity torney ~ s ~
28 (P> LUCILLE GOFORTFI,. Ci[7 i.:..';
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